[Congressional Record Volume 147, Number 112 (Friday, August 3, 2001)]
[Senate]
[Pages S9002-S9004]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        COMMISSION ON THE BICENTENNIAL OF THE LOUISIANA PURCHASE

  Mr. REID. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 117, S. 356.
  The PRESIDENT pro tempore. The clerk will state the bill by title.
  The legislative clerk read as follows:

       A bill (S. 356) to establish a National Commission on the 
     Bicentennial of the Louisiana Purchase.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on the Judiciary with an 
amendment to strike out all after the enacting clause and insert in 
lieu thereof the following:

     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

[[Page S9003]]

     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.--

[[Page S9004]]

       (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.

  Ms. LANDRIEU. Mr. President, today I rise to urge passage of the 
Louisiana Purchase Bicentennial Commission Act. This legislation 
creates a commission to celebrate the 200th anniversary of the 
Louisiana Purchase. I am honored to have sponsored this legislation 
with Senators Breaux, Lincoln, Hutchinson, Domenici, Baucus, and Hatch. 
The passage of this legislation voices appropriate celebration on the 
value of the United States' peaceful expansion westward.
  The Louisiana Purchase cost the United States $15 million but it 
doubled the size of the country overnight and brought vast natural 
resources that had been as yet untapped. To quote Tallyrand, ``You have 
made a noble bargain for yourselves and I suppose you will make the 
most of it.'' For the United States, it was only the beginning of an 
expansion that would stretch from the Atlantic Ocean to the Pacific 
Ocean.
  All or part of 15 States were created from the land acquired in this 
purchase. It made possible the travels of Lewis and Clark, whose 
invaluable insight into the peoples and land beyond the Mississippi 
River emboldened many Americans to search for a new life out West. 
Around the world, the American Frontier became synonymous with the 
search for spiritual, economic, and political freedom. The Louisiana 
Purchase helped shape the American destiny. Commemoration of the 
Louisiana Purchase and the related opening of the West can enhance 
public understanding of the impact of the democratic westward expansion 
on American society.
  This bill creates a Commission that will edify, publish, and display 
the importance of the Louisiana Purchase to all Americans. This 
bipartisan commission is partially modeled after the celebration of the 
American Bicentennial--striving to be inclusive of Americans. The 
commission will include important officials from each state created 
from the Purchase, museum and education officials, as well as members 
of Native American Tribes originating on the lands included in the 
Purchase. These officials will work together to recommend, organize, 
and oversee the 200th anniversary of the Louisiana Purchase. Commission 
tasks include planning the issuance of coins, stamps, medals, and 
certificates of recognition. Under a coordinated effort with libraries, 
museums, and historical sites, they will develop education programs for 
exhibit and display. The commission will produce and publish 
educational materials focusing on the history and the impact of the 
Louisiana Purchase. This is certainly not an exhaustive list, the 
commission will be tasked with many efforts. but, it is an insight into 
the important role that the commission will fulfill.
  I thank the Judiciary Committee in their preparation and passage of 
this bill. Together, the chairman and the ranking member of the 
Judiciary Committee were incredibly supportive. This was truly a 
bipartisan effort. I thank my colleagues for recognizing the great 
value of honoring this momentous occasion, and together, as Americans, 
we can celebrate the breadth and distance of our Nation's vision.
  Mr. REID. Mr. President, I ask unanimous consent that the committee 
amendment be agreed to, the bill, as amended, be read the third time 
and passed, the motion to reconsider be laid upon the table, with no 
intervening action, and that any statements relating to the bill be 
printed in the Record.
  The PRESIDENT pro tempore. Without objection, the several requests 
are agreed to.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 356), as amended, was read the third time and passed.

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