[Congressional Record (Bound Edition), Volume 150 (2004), Part 14]
[House]
[Pages 18973-18976]
[From the U.S. Government Publishing Office, www.gpo.gov]




               CIVIL WAR SESQUICENTENNIAL COMMISSION ACT

  Mr. OSE. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 2449) to establish a commission to commemorate the 
sesquicentennial of the American Civil War, as amended.
  The Clerk read as follows:

                               H.R. 2449

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Civil War Sesquicentennial 
     Commission Act''.

     SEC. 2. FINDINGS AND PURPOSE.

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

     SEC. 3. CIVIL WAR SESQUICENTENNIAL COMMEMORATION COMMISSION.

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

     SEC. 4. COMPOSITION OF THE COMMISSION.

       (a) In General.--The Commission shall be composed of 25 
     members as follows:
       (1) Government members.--The Commission shall include--
       (A) 2 Members of the House of Representatives appointed by 
     the Speaker of the House of Representatives;
       (B) 2 Members of the Senate appointed by the President pro 
     tempore of the Senate, in consultation with the Majority 
     Leader and the Minority Leader of the Senate;
       (C) the Secretary of the Interior or the designee of the 
     Secretary;
       (D) the Secretary of the Smithsonian Institution, or the 
     designee of the Secretary;
       (E) the Secretary of the Department of Education, or the 
     designee of the Secretary;
       (F) the Chairman of the National Endowment for the 
     Humanities, or the designee of the Chairman;
       (G) the Archivist of the United States, or the designee of 
     the Archivist;
       (H) the Librarian of Congress, or the designee of the 
     Librarian; and
       (I) the Director of the National Park Service, or the 
     designee of the Director.
       (2) Private members.--The Commission shall include--
       (A) 5 members appointed by the President from among 
     individuals who are representative of the corporate 
     community; and
       (B) 9 individuals, appointed by the President, from among 
     persons who by reason of education, training, and experience, 
     are experts on the Antebellum, Civil War, and Reconstruction 
     eras, including--

[[Page 18974]]

       (i) 6 individuals with expertise in history;
       (ii) 1 individual with specific expertise in art history, 
     historic preservation, or a related field;
       (iii) 1 individual with expertise in anthropology, cultural 
     geography, sociology, or a related field; and
       (iv) 1 individual with expertise in political science, law, 
     economics, or a related field.
       (b) Terms.--Members shall be appointed for the life of the 
     Commission.
       (c) Vacancies.--Any vacancy in the Commission shall not 
     affect its powers, and shall be filled in the same manner as 
     the original appointment.
       (d) Initial Appointments.--The appointment of the members 
     of the Commission shall be made not later than 60 days after 
     the date of the enactment of this Act.

     SEC. 5. GENERAL PROVISIONS.

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

     SEC. 6. DUTIES OF THE COMMISSION.

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

     SEC. 7. GRANT PROGRAM.

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

     SEC. 8. POWERS OF THE COMMISSION.

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

     SEC. 9. PERSONNEL MATTERS.

       (a) Compensation of Members.--Members of the Commission, 
     and members of any advisory committee appointed under section 
     8(a)(2), shall serve without compensation.
       (b) Travel Expenses.--Members of the Commission, and 
     members of any advisory committees appointed under section 
     8(a)(2), shall be allowed travel expenses, including per diem 
     in lieu of subsistence, at rates authorized for an employee 
     of an agency under subchapter I of chapter 57 of title 5, 
     United States Code, while away from the home or regular place 
     of business of the member in the performance of the duties of 
     the Commission.
       (c) Staff.--
       (1) In general.--The Chairperson of the Commission may, 
     without regard to civil service laws (including regulations), 
     appoint and terminate an executive director and such other 
     additional personnel as are necessary to enable the 
     Commission to perform the duties of the Commission.
       (2) Confirmation of executive director.--The employment of 
     an executive director shall be subject to confirmation by the 
     Commission.
       (3) Compensation.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Chairperson of the Commission may fix the compensation of 
     the executive director and other personnel without regard to 
     the provisions of chapter 51 and subchapter III of chapter 53 
     of title 5, United States Code, relating to classification of 
     positions and General Schedule pay rates.
       (B) Maximum rate of pay.--The rate of pay for the executive 
     director and other personnel shall not exceed the rate 
     payable for level V of the Executive Schedule under section 
     5316 of title 5, United States Code.
       (d) Detail of Government Employees.--
       (1) In general.--At the request of the Commission, the head 
     of any Federal agency may detail, on a reimbursable or 
     nonreimbursable basis, any of the personnel of the agency to 
     the Commission to assist the Commission in carrying out the 
     duties of the Commission under this Act.
       (2) Civil service status.--The detail of an employee under 
     paragraph (1) shall be without interruption or loss of civil 
     service status or privilege.
       (e) Volunteer and Uncompensated Services.--Notwithstanding 
     section 1342 of title 31, United States Code, the Commission 
     may accept and use voluntary and uncompensated services as 
     the Commission determines necessary.
       (f) Support Services.--The Director of the National Park 
     Service shall provide to the Commission, on a reimbursable 
     basis, such administrative support services as the Commission 
     may request.
       (g) Procurement of Temporary and Intermittent Services.--
     The Chairperson of the Commission may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code, at daily rates for individuals which do 
     not exceed the daily equivalent of the annual rate of basic 
     pay prescribed for level V of the Executive Schedule under 
     section 5316 of such title.
       (h) FACA Nonapplicability.--Section 14(b) of the Federal 
     Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
     Commission.
       (i) Termination.--The Commission shall terminate on the 
     date that is 90 days after the date on which the Commission 
     submits its report under section 6(b)(2).

     SEC. 10. AUDIT OF COMMISSION.

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

     SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

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

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Ose) and the gentleman from Illinois (Mr. Davis) each 
will control 20 minutes.
  The Chair recognizes the gentleman from California (Mr. Ose).


                             General Leave

  Mr. OSE. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and include extraneous material on the bill under consideration.

[[Page 18975]]

  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. OSE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, on behalf of the Committee on Government Reform, I am 
pleased that the House is considering H.R. 2449. This legislation, 
introduced by the distinguished gentleman from Louisiana (Mr. Baker) 
creates a commission to commemorate the sesquicentennial of the 
American Civil War. I rise in strong support of this bill.
  Mr. Speaker, perhaps no event shaped the U.S. more than the Civil 
War. The Civil War was produced by the economic, cultural, and 
political rivalry between the agrarian South and the industrial North. 
Though the war was long and dreadful, its outcome preserved the Nation. 
From South Carolina's secession on December 20, 1860, to General Robert 
E. Lee's surrender at Appomattox on April 9, 1865, the Civil War set 
the course for the next century of this Nation's development.
  Mr. Speaker, the Civil War Sesquicentennial Commission will ensure a 
suitable national observance of the 150th anniversary of the Civil War. 
It promises to be inclusive and appropriately recognizes the 
perspectives and impacts of all people affected by the Civil War.
  Specifically, the commission will plan, develop, and carry out 
programs and activities appropriate to commemorate the Civil War. The 
commission will annually report to Congress on its work, and by 
December 30, 2015, the commission will provide to Congress a final 
report detailing the activities, findings, and recommendations of the 
commission.
  Mr. Speaker, the creation of a Civil War Commission at this point in 
American history makes it difficult to overlook the similarities 
between America's current conflict and the war our Nation endured 
nearly a century and a half ago. In both cases, an immense tragedy 
forced this Nation to rise up and defend the liberty and freedom of our 
Union. However, our current enemy is not ourselves, but terrorist 
extremists who hate American freedom. While Americans were split and 
hostile on the two sides of the Civil War, today our great Nation 
remains united behind our servicemen and servicewomen who sacrifice 
everything to protect our Nation from terror.
  Mr. Speaker, this commission will provide an exciting and somber look 
back at perhaps the most important event in our Nation's history. I 
thank the gentleman from Louisiana (Mr. Baker) for his thorough efforts 
to commemorate the Civil War.
  Mr. Speaker, I reserve the balance of my time.
  Mr. DAVIS of Illinois. Mr. Speaker, I yield myself such time as I may 
consume.
  H.R. 2449 would establish a Civil War Sesquicentennial Commemoration 
Commission to cooperate with and assist States and national 
organizations with programs and activities to ensure a suitable 
national observance of the 150th anniversary of the Civil War and to 
educate Americans about the significance of the war in our national 
history.
  With the issuance of the Emancipation Proclamation in 1863, the Civil 
War became a war to save the Union and to abolish slavery. The war 
resulted in the loss of 620,000 lives, the liberation of 4 million 
slaves, and the ratification of three constitutional amendments that 
changed the way we define freedom and democracy in this country.
  Frederick Douglass moved many free and runaway slaves to enlist in 
the Union Army and to fight for their freedom when he said, ``Once let 
the black man get upon his person the brass letters U.S., let him get 
an eagle on his button, and a musket on his shoulder and bullets in his 
pockets, there is no power on Earth can deny that he has earned the 
right for citizenship in the United States.''
  Approximately 180,000 African Americans, comprising 163 units, served 
in the Union Army during the Civil War, and many more served in the 
Union Navy. Although black soldiers proved themselves as reputable 
soldiers, discrimination in pay and other areas remained widespread.
  We as Americans continue to struggle with issues of race, the 
politics of federalism and heritage. The 150th anniversary of the Civil 
War would give us an opportunity to reflect collectively on our shared 
history and our identity as Americans. Many say and many believe that 
we have a democracy, that we as African Americans, for example, have 
equal rights. But we must ask what it really means, and even in 2004 we 
must ask is freedom and equal rights a reality for all Americans.

                              {time}  1345

  What we do have, though, is the right to struggle, and the need for 
struggle is just as important today as it was during the Civil War.
  Frederick Douglass was right then and Douglass is right now when he 
said that ``Struggle, struggle, strife and pain are the prerequisites 
for change, and if there is no struggle, there will be no progress.''
  The American Civil War is a critical part of our Nation's history and 
development. The 105th anniversary of the war should remind us that we 
have come a long way, but there is still much work to be done, and in 
the words of the philosopher, we must remember that freedom is a hard-
won thing. Each generation must win it, and win it again.
  The American Civil War was critical to America's development as a 
nation and a democracy. The 105th anniversary of the war is an 
appropriate time for us to reflect on its legacy and its impact on our 
lives.
  Mr. Speaker, I reserve the balance of my time.
  Mr. OSE. Mr. Speaker, I am pleased to yield such time as he may 
consume to the distinguished gentleman from Louisiana (Mr. Baker).
  Mr. BAKER. Mr. Speaker, I thank the gentleman for his courtesy in 
yielding me time. I rise here today to speak to my appreciation for his 
good work in bringing this matter to the floor of the House.
  Mr. Speaker, the American Civil War was perhaps the most dramatic 
forging event in our Nation's history. In a brief period of time, over 
600,000 lives were lost. The struggle was immense. But from this 
incredible event and the huge loss of life, a new nation was forged, 
with its eye on principle and in practice to afford equal rights to 
all.
  In the course of our history, this Congress has acted with regard to 
this matter in years past. In fact, there are two institutions. The 
United States Civil War Center at Louisiana State University and the 
Civil War Institute at the Gettysburg College have been the only two 
institutions nationally recognized as Civil War centers. It is my hope 
and expectation that as the commission itself is appointed and work is 
commenced, that they will become significant partners with the center 
at LSU and at the Gettysburg College in coming to the appropriate 
decisions for the sesquicentennial celebrations of this event.
  It is truly an important, formative event in our Nation's history. It 
is a time when no one should be without education and understanding, 
for from it we learn much about ourselves and what makes our Nation as 
great as it is today.
  Mr. DAVIS of Illinois. Mr. Speaker, it is my pleasure to yield such 
time as he may consume to the gentleman from New York (Mr. Israel).
  Mr. ISRAEL. Mr. Speaker, I thank the gentleman for yielding me time, 
and I also thank the chairman of my subcommittee of the Committee on 
Financial Services for his leadership.
  I rise in strong support of this resolution. I have been working with 
several of my colleagues to organize a Civil War Caucus here in the 
House of Representatives. Outside this building, just on the West 
Front, is a statue of General Grant at the very footsteps of the 
Capitol. A few blocks away from that is a statue of General Meade. 
Beyond that is the Lincoln Memorial, and beyond that in the hills of 
Arlington is the Custis-Lee Mansion.
  Why do we remember? Why do we erect statues? Why is this bill 
important? It is important because the Civil

[[Page 18976]]

War is really not about the past; it is about our present, it is about 
our future. It is important because what happened in the Civil War will 
instruct us in how we meet challenges today.
  I serve on the Committee on Armed Services and we are dealing with 
profoundly difficult challenges around the world, in Iraq, Iran, North 
Korea, Pakistan, the global war on terror. Sometimes those challenges 
seem almost insurmountable. What the Civil War teaches all of us is 
that no challenge is insurmountable.
  When I think about the military difficulties that we have in the 
world today, I also think about the 20th of May on Little Round Top in 
Gettysburg. It was on that hill that just a small group of men were 
told to remain in place, to hold that hill at all hazards. They were 
confronted with enemy in front of them, overwhelming numbers, 
overwhelming numbers of enemy to their left and above them, and still 
they held that hill. They repulsed attack after attack after attack, 
and when they ran out of ammunition and hope, their leader, Colonel 
Joshua Chamberlain, ordered the men to fix bayonets and charge. That is 
surmounting challenge.
  What we were taught from that battle on many battlefields, on many 
boats, in north and south, is that we are a unique and special country. 
That fight was for us. That fight was for our future. That fight was to 
teach a lesson that higher principles guide us, that there are things 
worth fighting for that are even more important than ourselves.
  This bill is not about statues, it is not about commemoration, it is 
not about the past. It is about the country we are today and the 
country we will be tomorrow.
  For that reason, I strongly support this bill and urge its adoption.
  Mr. DAVIS of Illinois. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I will just end by suggesting that the Civil War was the 
costliest war that this country has ever been engaged in and perhaps 
one of the most important wars that this country will ever fight. I 
urge strong support of this resolution.
  Mr. Speaker, I yield back the balance of my time.
  Mr. OSE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I want to join my friend from Illinois in his remarks, 
and I too urge all Members to support the passage of H.R. 2449.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Linder). The question is on the motion 
offered by the gentleman from California (Mr. Ose) that the House 
suspend the rules and pass the bill, H.R. 2449, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________