108TH CONGRESS

2D SESSION H. R. 2449

AN ACT

To establish a commission to commemorate the

sesquicentennial of the American Civil War.

108TH CONGRESS

2D SESSION H. R. 2449

AN ACT

To establish a commission to commemorate the

sesquicentennial of the American Civil War.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Civil War Sesqui3 centennial Commission Act’’.

4 SEC. 2. FINDINGS AND PURPOSE.

5 (a) FINDINGS.—Congress makes the following find6 ings:

7 (1) The American Civil War was a defining ex8 perience in the development of the United States.

9 (2) The people of the United States continue to

10 struggle with issues of race, civil rights, the politics

11 of federalism, and heritage which are legacies of the

12 Civil War and Reconstruction.

13 (3) There is a resurgence of interest in the Civil

14 War that is evidenced by the multitude of publica15 tions, exhibits, reenactments, research organizations,

16 Internet and multimedia resources, historic parks,

17 and preservation associations focused on the Civil

18 War.

19 (4) The years 2011 through 2015 mark the ses20 quicentennial of the Civil War.

21 (5) The sesquicentennial of the Civil War pre22 sents a significant opportunity for Americans to re23 call and reflect upon the Civil War and its legacy in

24 a spirit of reconciliation and reflection.

25 (6) The United States Civil War Center at Lou26 isiana State University, Louisiana, and the Civil
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1 War Institute at Gettysburg College, Pennsylvania,

2 have been designated by the Federal government to

3 plan and facilitate the commemoration of the sesqui4 centennial of the Civil War.

5 (7) The State of Virginia—

6 (A) witnessed more Civil War military en7 gagements on its soil than any other State;

8 (B) hosts more historic sites related to the

9 Civil War than any other State; and

10 (C) is home to the Pamplin Historical

11 Park and the National Museum of the Civil

12 War Soldier and the Virginia Center for Civil

13 War Studies at Virginia Polytechnic Institute

14 and State University, both of which are nation15 ally recognized centers of expertise in the study

16 of the Civil War.

17 (8) The African American Civil War Museum

18 located in Washington, D.C., is the only museum in

19 the nation dedicated to the study and understanding

20 of the role of African Americans in the Civil War.

21 (b) PURPOSE.—The purpose of this Act is to estab22 lish a Civil War Sesquicentennial Commemoration Com23 mission to—

24 (1) ensure a suitable national observance of the

25 sesquicentennial of the Civil War;
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1 (2) cooperate with and assist States and na2 tional organizations with programs and activities for

3 the observance of the sesquicentennial of the Civil

4 War;

5 (3) assist in ensuring that any observance of

6 the sesquicentennial of the Civil War is inclusive and

7 appropriately recognizes the experiences and points

8 of view of all people affected by the Civil War; and

9 (4) provide assistance for the development of

10 programs, projects, and activities on the Civil War

11 that have lasting educational value.

12 SEC. 3. CIVIL WAR SESQUICENTENNIAL COMMEMORATION

13 COMMISSION.

14 The Secretary of the Interior shall establish a com15 mission to be known as the Civil War Sesquicentennial

16 Commemoration Commission (hereafter in this Act re17 ferred to as the ‘‘Commission’’).

18 SEC. 4. COMPOSITION OF THE COMMISSION.

19 (a) IN GENERAL.—The Commission shall be com20 posed of 25 members as follows:

21 (1) GOVERNMENT MEMBERS.—The Commission

22 shall include—

23 (A) 2 Members of the House of Represent24 atives appointed by the Speaker of the House of

25 Representatives;
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1 (B) 2 Members of the Senate appointed by

2 the President pro tempore of the Senate, in

3 consultation with the Majority Leader and the

4 Minority Leader of the Senate;

5 (C) the Secretary of the Interior or the

6 designee of the Secretary;

7 (D) the Secretary of the Smithsonian In8 stitution, or the designee of the Secretary;

9 (E) the Secretary of the Department of

10 Education, or the designee of the Secretary;

11 (F) the Chairman of the National Endow12 ment for the Humanities, or the designee of the

13 Chairman;

14 (G) the Archivist of the United States, or

15 the designee of the Archivist;

16 (H) the Librarian of Congress, or the des17 ignee of the Librarian; and

18 (I) the Director of the National Park Serv19 ice, or the designee of the Director.

20 (2) PRIVATE MEMBERS.—The Commission shall

21 include—

22 (A) 5 members appointed by the President

23 from among individuals who are representative

24 of the corporate community; and
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1 (B) 9 individuals, appointed by the Presi2 dent, from among persons who by reason of

3 education, training, and experience, are experts

4 on the Antebellum, Civil War, and Reconstruc5 tion eras, including—

6 (i) 6 individuals with expertise in his7 tory;

8 (ii) 1 individual with specific expertise

9 in art history, historic preservation, or a

10 related field;

11 (iii) 1 individual with expertise in an12 thropology, cultural geography, sociology,

13 or a related field; and

14 (iv) 1 individual with expertise in po15 litical science, law, economics, or a related

16 field.

17 (b) TERMS.—Members shall be appointed for the life

18 of the Commission.

19 (c) VACANCIES.—Any vacancy in the Commission

20 shall not affect its powers, and shall be filled in the same

21 manner as the original appointment.

22 (d) INITIAL APPOINTMENTS.—The appointment of

23 the members of the Commission shall be made not later

24 than 60 days after the date of the enactment of this Act.
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1 SEC. 5. GENERAL PROVISIONS.

2 (a) MEETINGS.—

3 (1) INITIAL MEETING.—Not later than 60 days

4 after the date on which all members of the Commis5 sion have been appointed, the members appointed

6 under subparagraphs (A) and (B) of section 4(a)(2)

7 shall call the first meeting of the Commission.

8 (2) SUBSEQUENT MEETINGS.—The Commission

9 shall hold subsequent meetings at the call of the

10 chairperson.

11 (b) CHAIRPERSON AND VICE CHAIRPERSON.—At the

12 initial meeting, the Commission shall elect a Chairperson

13 and Vice Chairperson from among its voting members.

14 (c) QUORUM.—A majority of voting members shall

15 constitute a quorum, but a lesser number may hold meet16 ings.

17 (d) VOTING.—

18 (1) IN GENERAL.—The Commission shall act

19 only on an affirmative vote of a majority of the vot20 ing members of the Commission.

21 (2) NONVOTING MEMBERS.—The individuals

22 appointed under subparagraphs (A) and (B) of sec23 tion 4(a)(1) shall be nonvoting members, and shall

24 serve only in an advisory capacity.
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1 SEC. 6. DUTIES OF THE COMMISSION.

2 (a) ACTIVITIES RELATED TO THE SESQUICENTEN3 NIAL.—The Commission shall—

4 (1) plan, develop, and carry out programs and

5 activities appropriate to commemorate the sesqui6 centennial of the Civil War;

7 (2) encourage interdisciplinary examination of

8 the Civil War;

9 (3) facilitate Civil War-related activities

10 throughout the United States;

11 (4) encourage civic, historical, educational, eco12 nomic, and other organizations throughout the

13 United States to organize and participate in activi14 ties to expand the understanding and appreciation of

15 the significance of the Civil War;

16 (5) coordinate and facilitate the public distribu17 tion of scholarly research, publications, and interpre18 tations of the Civil War;

19 (6) provide technical assistance to States, local20 ities, and nonprofit organizations to further the com21 memoration of the sesquicentennial of the Civil War;

22 (7) develop programs and facilities to ensure

23 that the sesquicentennial commemoration of the

24 Civil War results in a positive legacy and long-term

25 public benefit; and
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1 (8) encourage the development and conduct of

2 programs designed to involve the international com3 munity in activities that commemorate the Civil

4 War.

5 (b) PLANS AND REPORT.—

6 (1) STRATEGIC PLAN AND ANNUAL PERFORM7 ANCE PLANS.—The Commission shall prepare a

8 strategic plan in accordance with section 306 of title

9 5, United States Code, and annual performance

10 plans in accordance with section 1115 of title 31,

11 United States Code, for the activities of the Com12 mission carried out under this Act.

13 (2) REPORTS.—

14 (A) ANNUAL REPORT.—The Commission

15 shall submit to Congress an annual report that

16 contains a list of each gift, bequest, or devise

17 with a value of more than $250, together with

18 the identity of the donor of each such gift, be19 quest, or devise.

20 (B) FINAL REPORT.—Not later than De21 cember 30, 2015, the Commission shall submit

22 to Congress a final report that contains—

23 (i) a summary of activities of the

24 Commission;
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1 (ii) a final accounting of funds re2 ceived and expended by the Commission;

3 and

4 (iii) the findings and recommenda5 tions of the Commission.

6 SEC. 7. GRANT PROGRAM.

7 (a) GRANTS AUTHORIZED.—The National Endow8 ment for the Humanities shall award grants under this

9 section for the uses described in subsection (b).

10 (b) USE OF GRANTS.—Grants awarded under this

11 section shall be used for appropriate activities relating to

12 the sesquicentennial of the Civil War.

13 (c) CONSIDERATION.—In awarding grants under this

14 section, the National Endowment of the Humanities shall

15 consider established university, museum, or academic pro16 grams with national scope that sponsor multidisciplinary

17 projects, including those that concentrate on the role of

18 African Americans in the Civil War.

19 SEC. 8. POWERS OF THE COMMISSION.

20 (a) IN GENERAL.—The Commission may—

21 (1) solicit, accept, use, and dispose of gifts, be22 quests, or devises of money or other real or personal

23 property for the purpose of aiding or facilitating the

24 work of the Commission;
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1 (2) appoint any advisory committee as the

2 Commission considers appropriate for the purposes

3 of this Act;

4 (3) authorize any voting member or employee of

5 the Commission to take any action that the Commis6 sion is authorized to take under this Act;

7 (4) procure supplies, services, and property, and

8 make or enter into contracts, leases, or other legal

9 agreements to carry out this Act (except that any

10 contracts, leases, or other legal agreements entered

11 into by the Commission shall not extend beyond the

12 date of the termination of the Commission); and

13 (5) use the United States mails in the same

14 manner and under the same conditions as other

15 Federal agencies.

16 SEC. 9. PERSONNEL MATTERS.

17 (a) COMPENSATION OF MEMBERS.—Members of the

18 Commission, and members of any advisory committee ap19 pointed under section 8(a)(2), shall serve without com20 pensation.

21 (b) TRAVEL EXPENSES.—Members of the Commis22 sion, and members of any advisory committees appointed

23 under section 8(a)(2), shall be allowed travel expenses, in24 cluding per diem in lieu of subsistence, at rates authorized

25 for an employee of an agency under subchapter I of chap-
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1 ter 57 of title 5, United States Code, while away from

2 the home or regular place of business of the member in

3 the performance of the duties of the Commission.

4 (c) STAFF.—

5 (1) IN GENERAL.—The Chairperson of the

6 Commission may, without regard to civil service laws

7 (including regulations), appoint and terminate an ex8 ecutive director and such other additional personnel

9 as are necessary to enable the Commission to per10 form the duties of the Commission.

11 (2) CONFIRMATION OF EXECUTIVE DIREC12 TOR.—The employment of an executive director shall

13 be subject to confirmation by the Commission.

14 (3) COMPENSATION.—

15 (A) IN GENERAL.—Except as provided in

16 subparagraph (B), the Chairperson of the Com17 mission may fix the compensation of the execu18 tive director and other personnel without regard

19 to the provisions of chapter 51 and subchapter

20 III of chapter 53 of title 5, United States Code,

21 relating to classification of positions and Gen22 eral Schedule pay rates.

23 (B) MAXIMUM RATE OF PAY.—The rate of

24 pay for the executive director and other per25 sonnel shall not exceed the rate payable for
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1 level V of the Executive Schedule under section

2 5316 of title 5, United States Code.

3 (d) DETAIL OF GOVERNMENT EMPLOYEES.—

4 (1) IN GENERAL.—At the request of the Com5 mission, the head of any Federal agency may detail,

6 on a reimbursable or nonreimbursable basis, any of

7 the personnel of the agency to the Commission to as8 sist the Commission in carrying out the duties of the

9 Commission under this Act.

10 (2) CIVIL SERVICE STATUS.—The detail of an

11 employee under paragraph (1) shall be without inter12 ruption or loss of civil service status or privilege.

13 (e) VOLUNTEER AND UNCOMPENSATED SERVICES.—

14 Notwithstanding section 1342 of title 31, United States

15 Code, the Commission may accept and use voluntary and

16 uncompensated services as the Commission determines

17 necessary.

18 (f) SUPPORT SERVICES.—The Director of the Na19 tional Park Service shall provide to the Commission, on

20 a reimbursable basis, such administrative support services

21 as the Commission may request.

22 (g) PROCUREMENT OF TEMPORARY AND INTERMIT23 TENT SERVICES.—The Chairperson of the Commission

24 may procure temporary and intermittent services under

25 section 3109(b) of title 5, United States Code, at daily
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1 rates for individuals which do not exceed the daily equiva2 lent of the annual rate of basic pay prescribed for level

3 V of the Executive Schedule under section 5316 of such

4 title.

5 (h) FACA NONAPPLICABILITY.—Section 14(b) of the

6 Federal Advisory Committee Act (5 U.S.C. App.) shall not

7 apply to the Commission.

8 (i) TERMINATION.—The Commission shall terminate

9 on the date that is 90 days after the date on which the

10 Commission submits its report under section 6(b)(2).

11 SEC. 10. AUDIT OF COMMISSION.

12 The Inspector General of the Department of the Inte13 rior shall perform an annual audit of the Commission and

14 shall make the results of the audit available to the public.

15 SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

16 (a) IN GENERAL.—There is authorized to be appro17 priated to carry out this Act (other than section 7)

18 $200,000 for each of the fiscal years 2005 through 2016.

19 (b) GRANTS.—There is authorized to be appropriated

20 $3,500,000 to the National Endowment for the Human-
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1 ities to provide grants under section 7, to remain available

2 until expended.

Passed the House of Representatives September 22,

2004.

Attest:

Clerk.