[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5883 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5883

      To establish a commission to assist in commemoration of the 
sesquicentennial of the discovery of oil at Drake Well near Titusville, 
Pennsylvania, on August 27, 1859, and the resulting development of the 
                      American petroleum industry.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2006

 Mr. Peterson of Pennsylvania (for himself, Mr. Brady of Pennsylvania, 
  Mr. Fattah, Mr. English of Pennsylvania, Ms. Hart, Mr. Gerlach, Mr. 
 Weldon of Pennsylvania, Mr. Fitzpatrick of Pennsylvania, Mr. Shuster, 
Mr. Sherwood, Mr. Kanjorski, Mr. Murtha, Ms. Schwartz of Pennsylvania, 
Mr. Doyle, Mr. Dent, Mr. Pitts, Mr. Holden, Mr. Murphy, and Mr. Platts) 
 introduced the following bill; which was referred to the Committee on 
                           Government Reform

_______________________________________________________________________

                                 A BILL


 
      To establish a commission to assist in commemoration of the 
sesquicentennial of the discovery of oil at Drake Well near Titusville, 
Pennsylvania, on August 27, 1859, and the resulting development of the 
                      American petroleum industry.

    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 ``Drake Well Sesquicentennial 
Commemoration Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) August 27, 2009, is the 150th anniversary of the first 
        successful commercially drilled oil well leading directly to 
        the development of the petroleum industry;
            (2) the Drake Well near Titusville, Pennsylvania, 
        represents the start of the life-changing events that would not 
        be possible without petroleum; from plastics to medicines, from 
        kerosene to jet-fuel, from mascara to Vaseline, from the oils 
        that lubricate our machines to the asphalt we drive on, most 
        aspects of our lives are impacted by the petroleum industry;
            (3) the refining of kerosene from petroleum dramatically 
        changed the course of everyday life by providing an economical, 
        safe, and widely available fuel to light up the night 
        throughout the world;
            (4) the refining of gasoline from petroleum has 
        dramatically changed the course of transportation, commerce, 
        and warfare throughout the world;
            (5) the search for oil lead to concurrent development and 
        use of natural gas for engines, illumination, and heat;
            (6) the achievement by the Pennsylvania Rock Oil Company, 
        the Seneca Oil Company, and ``Colonel'' Edwin L. Drake at Drake 
        Well ignited a triumph of American ingenuity, inventiveness, 
        and diligence in developing new technologies, new business 
        models, and new industries which remains an inspiration for all 
        Americans;
            (7) the early petroleum industry's ability to overcome 
        failures and turn them into successes dramatically impacted our 
        Nation and are deserving of being remembered and celebrated as 
        great American achievements;
            (8) it is appropriate to remember and renew the legacy of 
        the Drake Well at a time when the values of creativity, 
        ingenuity, and the quest for the American dream demonstrated by 
        the petroleum industry pioneers are critical to the foundation 
        for the future of the Nation; and
            (9) as the Nation approaches the 150th anniversary of the 
        Drake Well and the petroleum industry, it is appropriate to 
        celebrate and commemorate the sesquicentennial period through 
        local, national, and international observances and activities.

SEC. 3. ESTABLISHMENT.

    There is established a commission to be known as the Drake Well 
Sesquicentennial Commission.

SEC. 4. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 9 
members, as follows:
            (1) The Secretary of the Smithsonian Institution or the 
        designee of that Secretary.
            (2) The Secretary of Energy or the designee of that 
        Secretary.
            (3) The Secretary of the Interior or the designee of that 
        Secretary.
            (4) The Secretary of Education or the designee of that 
        Secretary.
            (5) The chair of the Oil 150 Steering Committee of 
        Pennsylvania or the designee of that chair.
            (6) The Oil Region Alliance of Business, Industry & Tourism 
        Vice President of Heritage Development for the Oil Region 
        National Heritage Area, or the designee of that Vice President.
            (7) The Executive Director of Pennsylvania Historical and 
        Museum Commission or designee of that Executive Director.
            (8) As chosen by the other members of the Commission, the 
        president or head of a United States petroleum society, 
        foundation, or organization of national stature or prominence 
        who is from a petroleum producing State other than 
        Pennsylvania.
            (9) As chosen by the other members of the Commission, the 
        president or head of a United States petroleum society, 
        foundation, or organization of national stature or prominence 
        who is from the State of Pennsylvania.
    (b) Vacancies.--Any vacancy in the Commission shall be filled in 
the same manner in which the original designation was made.
    (c) Compensation.--
            (1) Prohibition of pay.--Except as provided in paragraph 
        (2), members of the Commission shall serve without pay or 
        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.
    (d) Quorum.--Five members of the Commission shall constitute a 
quorum.
    (e) Chairperson.--The Commission shall select a Chairperson of the 
Commission by a vote of a majority of the members designated under 
subsection (a). The Chairperson may be removed by a vote of a majority 
of the Commission's members.
    (f) Vice Chairperson.--The Commission shall select a Vice-
Chairperson of the Commission by a vote of a majority of the members 
designated under subsection (a). The Vice-Chairperson may be removed by 
a vote of a majority of the Commission's members.
    (g) Organization.--(1) Not later than 90 days after the date of 
enactment of this Act, the Commission shall meet and select a 
Chairperson and Vice Chairperson.
    (2) Not later than 90 days after the date of enactment of this Act, 
the Commission shall meet and select an Executive Director as described 
in section 7(a).

SEC. 5. DUTIES.

    (a) In General.--The Commission shall--
            (1) represent the United States and take a leadership role 
        with other nations in recognizing the importance of petroleum 
        industry history in general and the Drake Well discovery in 
        particular, and promote participation by the United States in 
        such activities;
            (2) encourage and promote national and international 
        participation and sponsorships in commemoration of the Drake 
        Well sesquicentennial by persons and entities such as--
                    (A) petrochemical manufacturing companies;
                    (B) automotive manufacturing companies;
                    (C) farm and construction equipment manufacturing 
                companies with products fueled by petroleum;
                    (D) petroleum dependent military organizations 
                operating aerospace-related vehicles and diesel powered 
                naval ship fleets and ground transport vehicles;
                    (E) workers employed in petrochemical related 
                industries;
                    (F) workers employed in automotive manufacturing 
                companies;
                    (G) commercial aviation and trucking companies;
                    (H) gas-powered vehicle owners;
                    (I) petroleum researchers, instructors, and 
                enthusiasts;
                    (J) elementary, secondary, and higher educational 
                institutions;
                    (K) civil, patriotic, educational, sporting, arts, 
                cultural, and historical organizations and technical 
                societies;
                    (L) automotive-related museums, societies, and 
                enthusiasts;
                    (M) petroleum-related museums;
                    (N) State and local governments; and
                    (O) publications and journals related to history, 
                petroleum, automotive, transportation, and plastics and 
                other petrochemicals;
            (3) plan and develop, in coordination with the Oil Region 
        Alliance of Business, Industry & Tourism, the Oil 150 Steering 
        Committee, and the Drake Well Museum, programs and activities 
        that are appropriate to commemorate the 150th anniversary of 
        the Drake Well;
            (4) maintain, publish, and distribute a calendar or 
        register of national and international programs and projects 
        concerning, and provide a central clearinghouse for, 
        information and coordination regarding, dates, events, and 
        places of historical and commemorative significance regarding 
        petroleum history in general and the sesquicentennial of Drake 
        Well in particular;
            (5) provide national coordination for celebration dates to 
        take place throughout the United States during the 
        sesquicentennial period;
            (6) assist in conducting educational, civic, and 
        commemorative activities relating to the Drake Well 
        sesquicentennial throughout the United States, especially 
        activities that occur in the State of Pennsylvania and that 
        highlight the activities of the early petroleum industry 
        history, development, and industry pioneers in the State; and
            (7) encourage the publication of popular and scholarly 
        works related to the history of petroleum or the Drake Well 
        sesquicentennial.
    (b) Nonduplication of Activities.--The Commission shall attempt to 
plan and conduct its activities in such a manner that activities 
conducted pursuant to this Act enhance, but do not duplicate, 
traditional and established activities of Pennsylvania's Oil Region 
Alliance of Business, Industry & Tourism, the Oil 150 Steering 
Committee, the Drake Well Museum, the Pennsylvania History and Museum 
Commission, or any other organization of national stature or 
prominence.

SEC. 6. POWERS.

    (a) Advisory Committees and Task Forces.--
            (1) In general.--The Commission may appoint any advisory 
        committee or task force from among the membership of the 
        Advisory Board as established in section 12.
            (2) 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.
            (3) Prohibition of pay other than travel expenses.--Members 
        of an advisory committee or task force authorized under 
        paragraph (1) shall not receive pay, but may receive travel 
        expenses pursuant to the policy adopted by the Commission under 
        section 4(c)(2).
    (b) 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.
    (c) 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 and excess publications and merchandise, 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. Excess 
        publications and merchandise shall become the property of the 
        Oil Region Alliance of Business, Industry & Tourism upon such 
        date.
    (d) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as any other Federal agency.

SEC. 7. STAFF AND SUPPORT SERVICES.

    (a) Executive Director.--There shall be an Executive Director 
appointed by a majority vote of 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.
    (b) 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.
    (c) 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.
    (d) 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.
    (e) 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.
    (f) Administrative Support Services.--
            (1) Reimbursable 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.
            (2) Nonreimbursable services.--The Secretary of the 
        Smithsonian Institution may provide administrative support 
        services to the Commission on a nonreimbursable basis when, in 
        the opinion of the Secretary of the Smithsonian Institution, 
        the value of such services is insignificant or not practical to 
        determine.
    (g) Cooperative Agreements.--The Commission may enter into 
cooperative agreements with other Federal agencies, State and local 
governments, and private interests and organizations that will 
contribute to public awareness of and interest in the Drake Well 
sesquicentennial and toward furthering the goals and purposes of this 
Act.
    (h) Program Support.--The Commission may receive program support 
from the nonprofit sector.

SEC. 8. CONTRIBUTIONS.

    (a) Donations.--The Commission may accept donations of personal 
services and historic materials relating to the implementation of its 
responsibilities under the provisions of this Act.
    (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 Oil Region Alliance of Business, Industry & Tourism 
for deposit into the general fund of the Oil Region National Heritage 
Area to be used for continuation and development of projects 
emphasizing petroleum history or furthering capital enhancements to the 
Oil Region National Heritage Area historical venues.

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 Drake Well sesquicentennial.
    (b) Licensing.--The Commission shall have the sole and exclusive 
right to use, or to allow or refuse the use of, the name ``Drake Well 
Sesquicentennial Commission'' 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 be conveyed to the Oil Region Alliance of 
Business, Industry & Tourism upon termination of the Commission.

SEC. 10. REPORTS.

    (a) 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--
            (1) recommendations regarding appropriate activities to 
        commemorate the Drake Well sesquicentennial, including--
                    (A) the production, publication, and distribution 
                of books, pamphlets, films, and other educational 
                materials;
                    (B) bibliographical and documentary projects and 
                publications;
                    (C) conferences, convocations, lectures, seminars, 
                and other similar programs;
                    (D) the development of exhibits for libraries, 
                museums, and other appropriate institutions;
                    (E) ceremonies and celebrations commemorating 
                specific events that relate to the history of 
                petroleum;
                    (F) programs focusing on the history of petroleum 
                and its benefits to the United States and humankind; 
                and
                    (G) competitions, commissions, and awards regarding 
                historical, scholarly, artistic, literary, musical, and 
                other works, programs, and projects related to the 
                Drake Well sesquicentennial;
            (2) recommendations to appropriate agencies or advisory 
        bodies regarding the issuance of commemorative coins, medals, 
        and stamps by the United States relating to Drake Well, 
        petroleum, or the Drake Well sesquicentennial;
            (3) recommendations for any legislation or administrative 
        action that the Commission determines to be appropriate 
        regarding the commemoration of the Drake Well sesquicentennial;
            (4) 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
            (5) an accounting of any cooperative agreements and 
        contract agreements entered into by the Commission.
    (b) Final Report.--Not later than September 30, 2010, the 
Commission shall submit to the President and Congress a final report. 
The final report shall contain--
            (1) a summary of the activities of the Commission;
            (2) a final accounting of funds received and expended by 
        the Commission;
            (3) any findings and conclusions of the Commission; and
            (4) specific recommendations concerning the final 
        disposition of any historically significant items acquired by 
        the Commission, including items donated to the Commission under 
        section 8(a).

SEC. 11. 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 December 30, 2010, 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. 12. ADVISORY BOARD.

    (a) Establishment.--There is established a Drake Well 
Sesquicentennial Federal Advisory Board.
    (b) Number and Appointment.--
            (1) In general.--The Advisory Board shall be composed of 20 
        members as follows:
                    (A) The Secretary of the Interior or the designee 
                of that Secretary.
                    (B) The Secretary of Energy or the designee of that 
                Secretary.
                    (C) The Librarian of Congress or the designee of 
                that Librarian.
                    (D) The Secretary of the Air Force or the designee 
                of that Secretary.
                    (E) The Secretary of the Navy or the designee of 
                that Secretary.
                    (F) The Secretary of Transportation or the designee 
                of that Secretary.
                    (G) The Secretary of Education or the designee of 
                that Secretary.
                    (H) Five citizens of the United States, appointed 
                by the President, who--
                            (i) are not officers or employees of any 
                        government (except membership on the Board 
                        shall not be construed to apply to the 
                        limitation under this clause); and
                            (ii) shall be selected based on their 
                        experience in the fields of petroleum history, 
                        science, or education, or their ability to 
                        represent the entities enumerated under section 
                        5(a)(2).
                    (I) Four citizens of the United States, appointed 
                by the majority leader of the Senate in consultation 
                with the minority leader of the Senate.
                    (J) Four citizens of the United States, appointed 
                by the Speaker of the House of Representatives in 
                consultation with the minority leader of the House of 
                Representatives. Of the individuals appointed under 
                this subparagraph--
                            (i) one shall be selected from among 
                        individuals recommended by the representative 
                        whose district encompasses the Drake Well 
                        Museum; and
                            (ii) another one shall be selected from 
                        among individuals recommended by the 
                        representatives whose districts encompass any 
                        part of the Oil Region National Heritage Area.
    (c) Vacancies.--Any vacancy in the Advisory Board shall be filled 
in the same manner in which the original designation was made.
    (d) Meetings.--Nine members of the Advisory Board shall constitute 
a quorum for a meeting. All meetings shall be open to the public.
    (e) Chairperson.--The President shall designate one member 
appointed under subsection (b)(1) as chairperson of the Advisory Board.
    (f) Mails.--The Advisory Board may use the United States mails in 
the same manner and under the same conditions as a Federal agency.
    (g) Duties.--The Advisory Board shall advise the Commission on 
matters related to this Act.
    (h) Prohibition of Compensation Other Than Travel Expenses.--
Members of the Advisory Board shall not receive pay, but may receive 
travel expenses pursuant to the policy adopted by the Commission under 
section 4(c)(2).
    (i) Termination.--The Advisory Board shall terminate upon the 
termination of the Commission.

SEC. 13. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``Advisory Board'' means the Drake Well 
        Sesquicentennial Federal Advisory Board established by section 
        12.
            (2) The term ``Drake Well sesquicentennial'' means the 
        anniversary period, from August 1, 2008, to December 31, 2009, 
        commemorating the 150-year history of the petroleum industry 
        beginning with the Drake Well discovery of petroleum and 
        highlighting the achievements of the petroleum pioneers in 
        developing the technologies which have led to the development 
        of the petroleum and natural gas industries as they are known 
        today.
            (3) The term ``Commission'' means the Drake Well 
        Sesquicentennial Commission established by this Act.
            (4) The term ``designee'' means a person from the 
        respective entity of each entity represented on the Commission 
        or Advisory Board.
            (5) The term ``Drake Well'' means the first successful oil 
        well drilled on Pennsylvania Rock Oil Company property by the 
        Seneca Oil Company under the auspices of Col. Edwin L. Drake, 
        that began production on August 27, 1859, in Venango County, 
        Pennsylvania.

SEC. 14. TERMINATION.

    The Commission shall terminate not later than 60 days after the 
submission of the final report required by section 10(b) and shall 
transfer all report documents and supporting material to the National 
Archives or other appropriate Federal entity.

SEC. 15. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this Act $900,000 for fiscal year 2007; $1,000,000 for fiscal year 
2008; $1,000,000 for fiscal year 2009; and $700,000 for fiscal year 
2010.
    (b) 50 Percent Match.--Financial assistance provided under this Act 
may not be used to pay more than 50 percent of the total cost of 
activity carried out with that assistance.
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