Short title

This Act may be cited as the

Drake Well Sesquicentennial Commemoration Act

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.

Establishment

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

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).

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.

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.

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.

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.

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.

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).

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.

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.

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.

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.

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.