[Congressional Record Volume 155, Number 92 (Thursday, June 18, 2009)]
[Senate]
[Pages S6820-S6824]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1338. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 1023, to establish a non-profit corporation to 
communicate United States entry policies and otherwise promote leisure, 
business, and scholarly travel to the United States; which was ordered 
to lie on the table; as follows:

       At the appropriate place, add the following:

     SEC. _. LIMITATIONS ON EFFECT.

       If imposing a government fee on an individual traveling to 
     the United States, as required by this Act or any amendment 
     made by this Act, would violate the established national 
     tourism policy set out in section 1(b)(8) of the 
     International Travel Act of 1961 (22 U.S.C. 2121(b)(8)) which 
     states that it is a national tourism policy to ``encourage 
     the free and welcome entry of individuals traveling to the 
     United States, in order to enhance international 
     understanding and goodwill, consistent with immigration laws, 
     the laws protecting the public health, and laws governing the 
     importation of goods into the United States'' by increasing 
     the cost, in any way, for such individual, then this Act and 
     the amendments made by this Act shall have no effect.
                                 ______
                                 
  SA 1339. Mr. WEBB submitted an amendment intended to be proposed by 
him to the bill S. 1023, to establish a non-profit corporation to 
communicate United States entry policies and otherwise promote leisure, 
business, and scholarly travel to the United States; which was ordered 
to lie on the table; as follows:

       On page 3, line 20, insert ``, including expertise and 
     experience with national historic and geographic landmarks'' 
     after ``sector''.
                                 ______
                                 
  SA 1340. Mrs. SHAHEEN submitted an amendment intended to be proposed 
by her to the bill S. 1023, to establish a non-profit corporation to 
communicate United States entry policies and otherwise promote leisure, 
business, and scholarly travel to the United States; which was ordered 
to lie on the table; as follows:

       On page 23, strike line 1 and all that follows through page 
     25, line 10, and insert the following:

     SEC. 7. OFFICE OF TRAVEL PROMOTION.

       (a) Establishment.--Title II of the International Travel 
     Act of 1961 (22 U.S.C. 2121 et seq.) is amended by inserting 
     after section 201 the following:

     ``SEC. 202. OFFICE OF TRAVEL PROMOTION.

       ``(a) Office Established.--There is established within the 
     Department of Commerce an office to be known as the Office of 
     Travel Promotion (referred to in this section as the 
     `Office').
       ``(b) Under Secretary for Travel Promotion.--
       ``(1) In general.--The head of the Office shall be the 
     Under Secretary of Commerce for Travel Promotion, who shall 
     be appointed by the President, by and with the advice and 
     consent of the Senate.
       ``(2) Qualifications.--The Under Secretary shall be a 
     citizen of the United States and have experience in a field 
     directly related to the promotion of travel in the United 
     States.
       ``(3) Limitation on investments.--The Under Secretary may 
     not own stock in, or have a direct or indirect beneficial 
     interest in, a corporation or other enterprise that--
       ``(A) is engaged in the travel, transportation, or 
     hospitality business; or
       ``(B) owns or operates a theme park or other entertainment 
     facility.
       ``(c) Function.--The Under Secretary shall--
       ``(1) serve as liaison to the Corporation for Travel 
     Promotion, established under section 2 of the Travel 
     Promotion Act of 2009;
       ``(2) support and encourage the development of programs to 
     increase the number of international visitors to the United 
     States for business, leisure, educational, medical, exchange, 
     and other purposes;
       ``(3) work with the Corporation, the Secretary of State, 
     and the Secretary of Homeland Security--
       ``(A) to disseminate information more effectively to 
     potential international visitors about documentation and 
     procedures required for admission to the United States as a 
     visitor; and
       ``(B) to ensure that arriving international visitors are 
     processed efficiently and in a welcoming and respectful 
     manner;
       ``(4) support State, regional, and private sector 
     initiatives to promote travel to and within the United 
     States;
       ``(5) supervise the operations of the Office of Travel and 
     Tourism Industries; and
       ``(6) enhance the entry and departure experience for 
     international visitors.
       ``(d) Advisory Role.--The Under Secretary shall perform a 
     purely advisory role relating to any functions described in 
     paragraphs (3) and (6) of subsection (c).
       ``(e) Rule of Construction.--Nothing in this section may be 
     construed to override the preeminent roles of the Secretary 
     of Homeland Security in setting policies relating to--
       ``(1) the Nation's ports of entry; and
       ``(2) the processes through which individuals are admitted 
     into the United States.
       ``(f) Reports to Congress.--Not later than 1 year after the 
     date of the enactment of the Travel Promotion Act of 2009, 
     and periodically thereafter as appropriate, the Under 
     Secretary shall submit to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on Energy 
     and Commerce of the House of Representatives a report 
     describing the Under Secretary's work with the Corporation, 
     the Secretary of State, and the Secretary of Homeland 
     Security to carry out this section.''.
       (b) Conforming Amendment.--Section 5314 of title 5, United 
     States Code, is amended by inserting ``Under Secretary of 
     Commerce for Travel Promotion,'' after ``Under Secretary of 
     Commerce for Export Administration,''.
                                 ______
                                 
  SA 1341. Ms. MURKOWSKI (for herself and Mr. Begich) submitted an 
amendment intended to be proposed by her to the bill S. 1023, to 
establish a non-profit corporation to communicate United States entry 
policies and otherwise promote leisure, business, and scholarly travel 
to the United States; which was ordered to lie on the table; as 
follows:

       On page 9, lines 23 and 24, strike ``State, and Federal 
     agencies'' and insert ``State and Federal agencies, Indian 
     tribes (as defined in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450b)),''.
                                 ______
                                 
  SA 1342. Ms. MURKOWSKI (for herself and Mr. Begich) submitted an 
amendment intended to be proposed by her to the bill S. 1023, to 
establish a non-profit corporation to communicate United States entry 
policies and otherwise promote leisure, business, and scholarly travel 
to the United States; which was ordered to lie on the table; as 
follows:

       On page 9, line 12, insert ``, Indian tribes (as defined in 
     section 4 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450b)),'' after ``States''.
                                 ______
                                 
  SA 1343. Mr. THUNE submitted an amendment intended to be proposed by

[[Page S6821]]

him to the bill S. 1023, to establish a non-profit corporation to 
communicate United States entry policies and otherwise promote leisure, 
business, and scholarly travel to the United States; which was ordered 
to lie on the table; as follows:

       At the end of the bill, add the following:

     SECTION 9. GOVERNMENT OWNERSHIP EXIT PLAN.

       (a) Definition.--In this section--
       (1) the term ``ownership interest'' means an interest in a 
     troubled asset described in section 3(9)(B) of the Emergency 
     Economic Stabilization Act of 2008 (12 U.S.C. 5202(a)(1)), as 
     in effect on the day before the date of enactment of this 
     section, that was purchased by the Secretary under section 
     101(a)(1) of such Act (12 U.S.C. 5211(a)(1)); and
       (2) the term ``Secretary'' means the Secretary of the 
     Treasury.
       (b) Re-Privatization of Private Entities.--
       (1) Prohibition on federal government holding ownership 
     interests.--
       (A) In general.--Beginning on the date of enactment of this 
     section, the Federal Government may not acquire, directly or 
     indirectly, any ownership interest.
       (B) Divestiture.--Except as provided in paragraph (2), the 
     Secretary shall divest the Federal Government of any 
     ownership interest not later than July 1, 2010.
       (2) Limited authority.--
       (A) In general.--Beginning on July 1, 2010, the Secretary 
     may hold an ownership interest with respect to a particular 
     entity for a period of not more than 6 months if, not later 
     than July 1, 2010, the Secretary submits a report to Congress 
     with respect to that entity stating that--
       (i) compliance with paragraph (1)(B) with respect to such 
     entity would have a significant adverse impact on the 
     taxpayers of the United States; and
       (ii) there is a reasonable expectation that a waiver of 
     paragraph (1)(B) would allow the Secretary to recover the 
     cost to the Federal Government of acquiring such ownership 
     interest.
       (B) Single renewal.--The Secretary may renew an extension 
     under subparagraph (A) for a single period of not more than 6 
     months, if the Secretary submits to Congress a report stating 
     that the conditions described in clauses (i) and (ii) of 
     subparagraph (A) still exist with respect to the subject 
     ownership interest.
       (3) Conforming amendment.--Section 3(9) of the Emergency 
     Economic Stabilization Act of 2008 (12 U.S.C. 5202(9)) is 
     amended--
       (A) in subparagraph (A), by striking ``; and'' at the end 
     and inserting a period;
       (B) by striking ``means--'' and all that follows through 
     ``residential'' in subparagraph (A) and inserting ``means 
     residential''; and
       (C) by striking subparagraph (B).
       (4) Deposit of funds.--
       (A) In general.--Section 115(a)(3) of the Emergency 
     Economic Stabilization Act of 2008 (12 U.S.C. 5225(a)(3)) is 
     amended by striking ``outstanding at any one time''.
       (B) Deposit of funds into treasury.--
       (i) In general.--On and after the date of enactment of this 
     section, all repayments of obligations arising under the 
     Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5201 
     et seq.), and all proceeds from the sale of assets acquired 
     by the Federal Government under that Act, shall be paid into 
     the general fund of the Treasury for reduction of the public 
     debt, in accordance with section 106(d) of that Act (12 
     U.S.C. 5216(d)), as amended by this subsection.
       (ii) Conforming amendment.--Section 106(d) of the Emergency 
     Economic Stabilization Act of 2008 (12 U.S.C. 5216(d)) is 
     amended by inserting ``, and repayments of obligations 
     arising under this Act,'' after ``section 113''.
       (5) Influence of management decisions.--Title I of the 
     Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5211 
     et seq.) is amended by adding at the end the following:

     ``SEC. 137. INFLUENCE OF MANAGEMENT DECISIONS.

       ``(a) Definitions.--For purposes of this section--
       ``(1) the term `covered person' means any person who is an 
     officer or employee (including a special Government employee 
     (as defined in section 202(a) of title 18, United States 
     Code)) of the executive branch of the United States 
     (including any independent agency of the United States); and
       ``(2) the term `significant management decision' includes 
     the appointment of senior executives or board members, 
     business strategies relating to production and manufacturing, 
     plant closings, the relocation of the headquarters of an 
     entity, the modification of labor contracts, and other 
     financial decisions.
       ``(b) Influence Prohibited.--
       ``(1) In general.--It shall be unlawful for any covered 
     person to knowingly make, with the intent to influence, a 
     communication regarding a significant management decision of 
     a recipient of assistance under this title to any officer or 
     employee of the recipient.
       ``(2) Criminal penalty.--Any covered person who violates 
     paragraph (1) shall be fined under title 18, United States 
     Code, imprisoned for not more than 1 year, or both.
       ``(c) Civil Actions.--
       ``(1) In general.--The Attorney General of the United 
     States may bring a civil action in an appropriate United 
     States district court against any covered person to enforce 
     subsection (b).
       ``(2) Civil penalty.--Any covered person who, upon proof by 
     a preponderance of the evidence, violates subsection (b) 
     shall be subject to a civil penalty of not more than $50,000 
     for each violation. The imposition of a civil penalty under 
     this paragraph shall not preclude any other criminal or civil 
     statutory, common law, or administrative remedy, which is 
     available by law to the United States or any other person.
       ``(3) Orders.--If the Attorney General of the United States 
     has reason to believe that a covered person is engaging in 
     conduct that violates subsection (b), the Attorney General 
     may petition an appropriate United States district court for 
     an order prohibiting the covered person from engaging in the 
     conduct. The court may issue an order prohibiting the covered 
     person from engaging in the conduct if the court finds that 
     the conduct constitutes a violation of subsection (b). The 
     filing of a petition under this paragraph shall not preclude 
     any other remedy which is available by law to the United 
     States or any other person.''.
       (6) Federal deposit insurance corporation.--Nothing in this 
     section may be construed to impede the ability of the Federal 
     Deposit Insurance Corporation to maintain the stability of 
     the banking system.
       (c) Oversight by Financial Stability Oversight Board.--
     Section 104(a) of the Emergency Economic Stabilization Act of 
     2008 (12 U.S.C. 5214(a)) is amended--
       (1) in paragraph (2), by striking ``and'' at the end;
       (2) in paragraph (3), by striking the semicolon at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(4) reviewing the implementation of section 3 of the 
     Government Ownership Exit Plan Act of 2009.''.
       (d) Reports Required.--
       (1) Report on federal government ownership.--
       (A) Reports required.--The Secretary shall make (and shall 
     publicly disclose) periodic reports detailing any ownership 
     interest held by the Federal Government, including any loan 
     or loan guarantee made by the Board of Governors of the 
     Federal Reserve System.
       (B) Timing of reports.--The Secretary shall submit the 
     reports under subparagraph (A)--
       (i) not later than October 1, 2009; and
       (ii) each quarter of the fiscal year thereafter.
       (2) Reports on winding down or divestment.--
       (A) Reports required.--The Secretary shall submit to 
     Congress periodic reports on the plans of the Secretary for 
     compliance with this section, including any plans to wind 
     down or divest an ownership interest.
       (B) Timing of reports.--The Secretary shall submit the 
     reports under subparagraph (A)--
       (i) not later than April 1, 2010; and
       (ii) each month thereafter until all ownership interests 
     are divested under subsection (b)(1)(B).
       (e) Plan for Government Sponsored Enterprises.--Not later 
     than 90 days after the date of enactment of this section, the 
     Secretary shall submit to Congress a report describing a plan 
     of the Secretary--
       (1) to end the conservatorship by the Federal Government of 
     the Federal National Mortgage Association and the Federal 
     Home Loan Mortgage Corporation; and
       (2) to eliminate any form of direct ownership by the 
     Federal Government of the Federal National Mortgage 
     Association and the Federal Home Loan Mortgage Corporation.
                                 ______
                                 
  SA 1344. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 1023, to establish a non-profit corporation to 
communicate United States entry policies and otherwise promote leisure, 
business, and scholarly travel to the United States; which was ordered 
to lie on the table; as follows:

       At the end of the bill, insert the following:

TITLE __--STAR-SPANGLED BANNER AND WAR OF 1812 BICENTENNIAL COMMISSION 
                                  ACT

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Star-Spangled Banner and 
     War of 1812 Bicentennial Commission Act''.

     SEC. _02. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) the War of 1812 served as a crucial test for the United 
     States Constitution and the newly established democratic 
     Government;
       (2) vast regions of the new multi-party democracy, 
     including the Chesapeake Bay, the Gulf of Mexico and the 
     Niagara Frontier, were affected by the War of 1812 including 
     the States of Alabama, Connecticut, Delaware, Florida, 
     Georgia, Iowa, Illinois, Indiana, Kentucky, Louisiana, 
     Massachusetts, Maryland, Maine, Michigan, Missouri, 
     Mississippi, New Jersey, North Carolina, New Hampshire, New 
     York, Ohio, Oregon, Pennsylvania, Rhode Island, South 
     Carolina, Tennessee, Virginia, Vermont, Wisconsin, West 
     Virginia, and the District of Columbia;
       (3) the British occupation of American territory along the 
     Great Lakes and in other regions, the burning of Washington, 
     DC, the American victories at Fort McHenry, New Orleans, and 
     Plattsburgh, among other battles, had far reaching effects on 
     American society;
       (4) at the Battle of Baltimore, Francis Scott Key wrote the 
     poem that celebrated

[[Page S6822]]

     the flag and later was titled ``the Star-Spangled Banner'';
       (5) the poem led to the establishment of the flag as an 
     American icon and became the words of the national anthem of 
     the United States in 1932; and
       (6) it is in the national interest to provide for 
     appropriate commemorative activities to maximize public 
     understanding of the meaning of the War of 1812 in the 
     history of the United States.
       (b) Purposes.--The purposes of this title are to--
       (1) establish the Star-Spangled Banner and War of 1812 
     Commemoration Commission;
       (2) ensure a suitable national observance of the War of 
     1812 by complementing, cooperating with, and providing 
     assistance to the programs and activities of the various 
     States involved in the commemoration;
       (3) encourage War of 1812 observances that provide an 
     excellent visitor experience and beneficial interaction 
     between visitors and the natural and cultural resources of 
     the various War of 1812 sites;
       (4) facilitate international involvement in the War of 1812 
     observances;
       (5) support and facilitate marketing efforts for a 
     commemorative coin, stamp, and related activities for the War 
     of 1812 observances; and
       (6) promote the protection of War of 1812 resources and 
     assist in the appropriate development of heritage tourism and 
     economic benefits to the United States.

     SEC. _03. DEFINITIONS.

       In this title:
       (1) Commemoration.--The term ``commemoration'' means the 
     commemoration of the War of 1812.
       (2) Commission.--The term ``Commission'' means the Star-
     Spangled Banner and War of 1812 Bicentennial Commission 
     established in section _04(a).
       (3) Qualified citizen.--The term ``qualified citizen'' 
     means a citizen of the United States with an interest in, 
     support for, and expertise appropriate to the commemoration.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) States.--The term ``States''--
       (A) means the States of Alabama, Kentucky, Indiana, 
     Louisiana, Maryland, Vermont, Virginia, New York, Maine, 
     Michigan, Ohio, Pennsylvania, and Rhode Island; and
       (B) includes agencies and entities of each State.

     SEC. _04. STAR-SPANGLED BANNER AND WAR OF 1812 COMMEMORATION 
                   COMMISSION.

       (a) In General.--There is established a commission to be 
     known as the ``Star-Spangled Banner and War of 1812 
     Bicentennial Commission''.
       (b) Membership.--
       (1) In general.--The Commission shall be composed of 24 
     members, of whom--
       (A) 13 members shall be qualified citizens appointed by the 
     Secretary after consideration of nominations submitted by the 
     Governors of Alabama, Kentucky, Indiana, Louisiana, Maine, 
     Maryland, Michigan, New York, Ohio, Pennsylvania, Rhode 
     Island, Vermont, and Virginia;
       (B) 3 members shall be qualified citizens appointed by the 
     Secretary after consideration of nominations submitted by the 
     Mayors of the District of Columbia, the City of Baltimore, 
     and the City of New Orleans;
       (C) 2 members shall be employees of the National Park 
     Service, of whom--
       (i) 1 shall be the Director of the National Park Service 
     (or a designee); and
       (ii) 1 shall be an employee of the National Park Service 
     having experience relevant to the commemoration;
       (D) 4 members shall be qualified citizens appointed by the 
     Secretary with consideration of recommendations--
       (i) 1 of which are submitted by the majority leader of the 
     Senate;
       (ii) 1 of which are submitted by the minority leader of the 
     Senate;
       (iii) 1 of which are submitted by the majority leader of 
     the House of Representatives;
       (iv) 1 of which are submitted by the minority leader of the 
     House of Representatives; and
       (E) 2 members shall be appointed by the Secretary from 
     among individuals with expertise in the history of the War of 
     1812.
       (2) Date of appointments.--The appointment of a member of 
     the Commission shall be made not later than 120 days after 
     the date of enactment of this Act.
       (c) Term; Vacancies.--
       (1) Term.--A member shall be appointed for the life of the 
     Commission.
       (2) Vacancies.--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.
       (d) Voting.--
       (1) In general.--The Commission shall act only on an 
     affirmative vote of a majority of the members of the 
     Commission.
       (2) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum.
       (e) Chairperson and Vice Chairperson.--
       (1) Selection.--The Commission shall select a chairperson 
     and a vice chairperson from among the members of the 
     Commission.
       (2) Absence of chairperson.--The vice chairperson shall act 
     as chairperson in the absence of the chairperson.
       (f) Initial Meeting.--Not later than 60 days after the date 
     on which all members of the Commission have been appointed 
     and funds have been provided, the Commission shall hold the 
     initial meeting of the Commission.
       (g) Meetings.--Not less than twice a year, the Commission 
     shall meet at the call of the chairperson or a majority of 
     the members of the Commission.
       (h) Removal.--Any member who fails to attend 3 successive 
     meetings of the Commission or who otherwise fails to 
     participate substantively in the work of the Commission may 
     be removed by the Secretary and the vacancy shall be filled 
     in the same manner as the original appointment was made. 
     Members serve at the discretion of the Secretary.

     SEC. _05. DUTIES.

       (a) In General.--The Commission shall--
       (1) plan, encourage, develop, execute, and coordinate 
     programs, observances, and activities commemorating the 
     historic events that preceded and are associated with the War 
     of 1812;
       (2) facilitate the commemoration throughout the United 
     States and internationally;
       (3) coordinate the activities of the Commission with State 
     commemoration commissions, the National Park Service, the 
     Department of Defense, and other appropriate Federal 
     agencies;
       (4) encourage civic, patriotic, historical, educational, 
     religious, economic, tourism, and other organizations 
     throughout the United States to organize and participate in 
     the commemoration to expand the understanding and 
     appreciation of the significance of the War of 1812;
       (5) provide technical assistance to States, localities, 
     units of the National Park System, and nonprofit 
     organizations to further the commemoration and commemorative 
     events;
       (6) coordinate and facilitate scholarly research on, 
     publication about, and interpretation of the people and 
     events associated with the War of 1812;
       (7) design, develop, and provide for the maintenance of an 
     exhibit that will travel throughout the United States during 
     the commemoration period to interpret events of the War of 
     1812 for the educational benefit of the citizens of the 
     United States;
       (8) ensure that War of 1812 commemorations provide a 
     lasting legacy and long-term public benefit leading to 
     protection of the natural and cultural resources associated 
     with the War of 1812; and
       (9) examine and review essential facilities and 
     infrastructure at War of 1812 sites and identify possible 
     improvements that could be made to enhance and maximize 
     visitor experience at the sites.
       (b) Strategic Plan; Annual Performance Plans.--The 
     Commission shall prepare a strategic plan and annual 
     performance plans for any activity carried out by the 
     Commission under this Act.
       (c) Reports.--
       (1) Annual report.--The Commission shall submit to Congress 
     an annual report that contains a list of each gift, bequest, 
     or devise to the Commission with a value of more than $250, 
     together with the identity of the donor of each gift, 
     bequest, or devise.
       (2) Final report.--Not later than September 30, 2015, the 
     Commission shall submit to the Secretary and Congress a final 
     report that includes--
       (A) a summary of the activities of the Commission;
       (B) a final accounting of any funds received or expended by 
     the Commission; and
       (C) the final disposition of any historically significant 
     items acquired by the Commission and other properties not 
     previously reported.

     SEC. _06. POWERS.

       (a) In General.--The Commission may--
       (1) solicit, accept, use, and dispose of gifts or donations 
     of money, services, and real and personal property related to 
     the commemoration in accordance with Department of the 
     Interior and National Park Service written standards for 
     accepting gifts from outside sources;
       (2) appoint such advisory committees as the Commission 
     determines to be necessary to carry out this Act;
       (3) authorize any member or employee of the Commission to 
     take any action the Commission is authorized to take under 
     this Act;
       (4) use the United States mails in the same manner and 
     under the same conditions as other agencies of the Federal 
     Government; and
       (5) make grants to communities, nonprofit, commemorative 
     commissions or organizations, and research and scholarly 
     organizations to develop programs and products to assist in 
     researching, publishing, marketing, and distributing 
     information relating to the commemoration.
       (b) Legal Agreements.--
       (1) In general.--In carrying out this Act, the Commission 
     may--
       (A) procure supplies, services, and property; and
       (B) make or enter into contracts, leases, or other legal 
     agreements.
       (2) Length.--Any contract, lease, or other legal agreement 
     made or entered into by the Commission shall not extend 
     beyond the date of termination of the Commission.
       (c) Information From Federal Agencies.--
       (1) In general.--The Commission may secure directly from a 
     Federal agency such information as the Commission considers 
     necessary to carry out this Act.
       (2) Provision of information.--On request of the 
     Chairperson of the Commission, the

[[Page S6823]]

     head of the agency shall provide the information to the 
     Commission in accordance with applicable laws.
       (d) FACA Nonapplicability.--Section 14(b) of the Federal 
     Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
     Commission.
       (e) No Effect on Authority.--Nothing in this title 
     supersedes the authority of the States or the National Park 
     Service concerning the commemoration.

     SEC. _07. PERSONNEL MATTERS.

       (a) Members of the Commission.--
       (1) In general.--Except as provided in subsection 
     (c)(1)(A), a member of the Commission shall serve without 
     compensation.
       (2) Travel expenses.--A member of the Commission 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.
       (3) Status.--A member of the Commission, who is not 
     otherwise a Federal employee, shall be considered a Federal 
     employee only for purposes of the provisions of law related 
     to ethics, conflicts of interest, corruption, and any other 
     criminal or civil statute or regulation governing the conduct 
     of Federal employees.
       (b) Executive Director and Other Staff.--
       (1) In general.--The Chairperson of the Commission may, 
     without regard to the provisions of title 5, United States 
     Code, governing appointments in the competitive service and 
     termination of employees (including regulations), appoint and 
     terminate an executive director, subject to confirmation by 
     the Commission, and appoint and terminate such other 
     additional personnel as are necessary to enable the 
     Commission to perform the duties of the Commission.
       (2) Status.--The Executive Director and other staff 
     appointed under this subsection shall be considered Federal 
     employees under section 2105 of title 5, United States Code, 
     notwithstanding the requirements of such section.
       (3) Confirmation of executive director.--The employment of 
     an executive director shall be subject to confirmation by the 
     Commission.
       (4) 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 basic 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.
       (c) Government Employees.--
       (1) Federal employees.--
       (A) Service on commission.--A member of the Commission who 
     is an officer or employee of the Federal Government shall 
     serve without compensation in addition to the compensation 
     received for the services of the member as an officer or 
     employee of the Federal Government.
       (B) Detail.--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.
       (C) Civil service status.--Notwithstanding any other 
     provisions in this section, Federal employees who serve on 
     the Commission, are detailed to the Commission, or otherwise 
     provide services under the Act, shall continue to be Federal 
     employees for the purpose of any law specific to Federal 
     employees, without interruption or loss of civil service 
     status or privilege.
       (2) State employees.--The Commission may--
       (A) accept the services of personnel detailed from States 
     (including subdivisions of States) under subchapter VI of 
     chapter 33 of title 5, United States Code; and
       (B) reimburse States for services of detailed personnel.
       (d) Members of Advisory Committees.--Members of advisory 
     committees appointed under section _06(a)(2)--
       (1) shall not be considered employees of the Federal 
     Government by reason of service on the committees for the 
     purpose of any law specific to Federal employees, except for 
     the purposes of chapter 11 of title 18, United States Code, 
     relating to conflicts of interest; and
       (2) may be paid 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 committee.
       (e) Volunteer and Uncompensated Services.--Notwithstanding 
     section 1342 of title 31, United States Code, the Commission 
     may accept and use such 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 employ experts and 
     consultants on a temporary or intermittent basis in 
     accordance with section 3109(b) of title 5, United States 
     Code, at rates for individuals that 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 that 
     title. Such personnel shall be considered Federal employees 
     under section 2105 of title 5, United States Code, 
     notwithstanding the requirements of such section.

     SEC. _08. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     carry out this title not to exceed $500,000 for each of 
     fiscal years 2010 through 2015.
       (b) Availability of Funds.--Amounts appropriated under this 
     section for any fiscal year shall remain available until 
     December 31, 2015.

     SEC. _09. TERMINATION OF COMMISSION.

       (a) In General.--The Commission shall terminate on December 
     31, 2015.
       (b) Transfer of Materials.--Not later than the date of 
     termination, the Commission shall transfer any documents, 
     materials, books, manuscripts, miscellaneous printed matter, 
     memorabilia, relics, exhibits, and any materials donated to 
     the Commission that relate to the War of 1812, to Fort 
     McHenry National Monument and Historic Shrine.
       (c) Disposition of Funds.--Any funds held by the Commission 
     on the date of termination shall be deposited in the general 
     fund of the Treasury.
                                 ______
                                 
  SA 1345. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 1023, to establish a non-profit corporation to 
communicate United States entry policies and otherwise promote leisure, 
business, and scholarly travel to the United States; which was ordered 
to lie on the table; as follows:

       On page 26, after line 20, add the following:

     SEC. 9. AUTOMOBILE DEALER ECONOMIC RIGHTS RESTORATION.

       (a) Findings.--Congress finds the following:
       (1) Automobile dealers are an asset to automobile 
     manufacturers that make it possible to serve communities and 
     sell automobiles nationally.
       (2) Forcing the closure of automobile dealers would have an 
     especially devastating economic impact in rural communities, 
     where dealers play an integral role in the community, provide 
     essential services, and serve as a critical economic engine.
       (3) The automobile manufacturers obtain the benefits from 
     having a national dealer network at no material cost to the 
     manufacturers.
       (4) Historically, automobile dealers have had franchise 
     agreement protections under State law.
       (b) Restoration of Economic Rights.--
       (1) In general.--In order to protect assets of the Federal 
     Government and better assure the viability of automobile 
     manufacturers in which the Federal Government has an 
     ownership interest, or to which it is a lender, an automobile 
     manufacturer in which the Federal Government has an ownership 
     interest, or which receives loans from the Federal 
     Government, may not deprive an automobile dealer of its 
     economic rights and shall honor those rights as they existed, 
     for Chrysler LLC dealers, prior to the commencement of the 
     bankruptcy case by Chrysler LLC on April 30, 2009, and for 
     General Motors Corp. dealers, prior to the commencement of 
     the bankruptcy case by General Motors Corp. on June 1, 2009, 
     including the dealer's rights to recourse under State law.
       (2) Restoration of franchise agreements.--In order to 
     preserve economic rights pursuant to paragraph (1), at the 
     request of an automobile dealer, an automobile manufacturer 
     covered under this section shall restore the franchise 
     agreement between that automobile dealer and Chrysler LLC or 
     General Motors Corp. that was in effect prior to the 
     commencement of their respective bankruptcy cases and take 
     assignment of such agreements.
       (3) Construction.--Except as set forth herein, nothing in 
     this section shall be construed to make null and void--
       (A) the court approved transfer of substantially all the 
     assets of Chrysler LLC to New CarCo Acquisition LLC; or
       (B) a transfer of substantially all the assets of General 
     Motors Corp. that could be approved by a court after June 8, 
     2009.
                                 ______
                                 
  SA 1346. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 1023, to establish a non-profit corporation to 
communicate United States entry policies and otherwise promote leisure, 
business, and scholarly travel to the United States; which was ordered 
to lie on the table; as follows:

       At the end of the bill, add the following:

     SEC. 9. REQUIRED PARTICIPATION BY UNITED STATES CONTRACTORS.

       Section 402(e) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 
     U.S.C. 1324a note) is amended--

[[Page S6824]]

       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively; and
       (2) by inserting after paragraph (1) the following:
       ``(2) United states contractors.--Any person, employer, or 
     other entity that enters into a contract with the Federal 
     Government shall participate in the E-Verify Program and 
     shall comply with the terms and conditions of such 
     election.''.

                          ____________________