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108th CONGRESS
2d Session
H. R. 2449
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 23, 2004
Received; read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
AN ACT
To establish a commission to commemorate the sesquicentennial of the
American Civil War.
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--
(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;
(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.
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