II 

111TH CONGRESS 

1ST SESSION S. 1838 

To establish a commission to commemorate the sesquicentennial of the 

American Civil War. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 22, 2009 

Ms. LANDRIEU (for herself and Mr. WEBB) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Civil War Sesqui5 centennial Commission Act’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—Congress makes the following find8 ings: 

9 (1) The American Civil War was a defining ex10 perience in the development of the United States. 


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

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

3 of federalism, and heritage which are legacies of the 

4 Civil War and Reconstruction. 

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

6 War that is evidenced by the multitude of publica7 tions, exhibits, reenactments, research organizations, 

8 Internet and multimedia resources, historic parks, 

9 and preservation associations focused on the Civil 

10 War. 

11 (4) The years 2011 through 2015 mark the ses12 quicentennial of the Civil War. 

13 (5) The sesquicentennial of the Civil War pre14 sents a significant opportunity for Americans to re15 call and reflect upon the Civil War and its legacy in 

16 a spirit of reconciliation and reflection. 

17 (6) The United States Civil War Center at Lou18 isiana State University, Louisiana, and the Civil 

19 War Institute at Gettysburg College, Pennsylvania, 

20 have been designated by the Federal Government to 

21 plan and facilitate the commemoration of the sesqui22 centennial of the Civil War. 

23 (7) The State of Virginia— 

24 (A) witnessed more Civil War military en25 gagements on its soil than any other State; 


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1 (B) hosts more historic sites related to the 

2 Civil War than any other State; and 

3 (C) is home to the Pamplin Historical 

4 Park and the National Museum of the Civil 

5 War Soldier and the Virginia Center for Civil 

6 War Studies at Virginia Polytechnic Institute 

7 and State University, both of which are nation8 ally recognized centers of expertise in the study 

9 of the Civil War. 

10 (8) The African American Civil War Museum 

11 located in Washington, DC, is the only museum in 

12 the Nation dedicated to the study and understanding 

13 of the role of African-Americans in the Civil War. 

14 (b) PURPOSE.—The purpose of this Act is to estab15 lish a Civil War Sesquicentennial Commemoration Com16 mission to— 

17 (1) ensure a suitable national observance of the 

18 sesquicentennial of the Civil War; 

19 (2) cooperate with and assist States and na20 tional organizations with programs and activities for 

21 the observance of the sesquicentennial of the Civil 

22 War; 

23 (3) assist in ensuring that any observance of 

24 the sesquicentennial of the Civil War is inclusive and 


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1 appropriately recognizes the experiences and points 

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

3 (4) provide assistance for the development of 

4 programs, projects, and activities on the Civil War 

5 that have lasting educational value. 

6 SEC. 3. CIVIL WAR SESQUICENTENNIAL COMMEMORATION 

7 COMMISSION. 

8 The Secretary of the Interior shall establish a com9 mission to be known as the Civil War Sesquicentennial 

10 Commemoration Commission (hereafter in this Act re11 ferred to as the ‘‘Commission’’). 

12 SEC. 4. COMPOSITION OF THE COMMISSION. 

13 (a) IN GENERAL.—The Commission shall be com14 posed of 25 members as follows: 

15 (1) GOVERNMENT MEMBERS.—The Commission 

16 shall include— 

17 (A) 2 Members of the Senate appointed by 

18 the President pro tempore of the Senate, in 

19 consultation with the majority leader and the 

20 minority leader of the Senate; 

21 (B) 2 Members of the House of Represent22 atives appointed by the Speaker of the House of 

23 Representatives; 

24 (C) the Secretary of the Interior or the 

25 designee of the Secretary; 


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1 (D) the Secretary of the Smithsonian In2 stitution, or the designee of the Secretary; 

3 (E) the Secretary of the Department of 

4 Education, or the designee of the Secretary; 

5 (F) the Chairman of the National Endow6 ment for the Humanities, or the designee of the 

7 Chairman; 

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

9 the designee of the Archivist; 

10 (H) the Librarian of Congress, or the des11 ignee of the Librarian; and 

12 (I) the Director of the National Park Serv13 ice, or the designee of the Director. 

14 (2) PRIVATE MEMBERS.—The Commission shall 

15 include— 

16 (A) 5 members appointed by the President 

17 from among individuals who are representative 

18 of the corporate community; and 

19 (B) 9 individuals, appointed by the Presi20 dent, from among persons who by reason of 

21 education, training, and experience, are experts 

22 on the Antebellum, Civil War, and Reconstruc23 tion eras, including— 

24 (i) 6 individuals with expertise in his25 tory; 


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1 (ii) 1 individual with specific expertise 

2 in art history, historic preservation, or a 

3 related field; 

4 (iii) 1 individual with expertise in an5 thropology, cultural geography, sociology, 

6 or a related field; and 

7 (iv) 1 individual with expertise in po8 litical science, law, economics, or a related 

9 field. 

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

11 of the Commission. 

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

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

14 manner as the original appointment. 

15 (d) INITIAL APPOINTMENTS.—The appointment of 

16 the members of the Commission shall be made not later 

17 than 60 days after the date of the enactment of this Act. 

18 SEC. 5. GENERAL PROVISIONS. 

19 (a) MEETINGS.— 

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

21 after the date on which all members of the Commis22 sion have been appointed, the members appointed 

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

24 shall call the first meeting of the Commission. 


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1 (2) SUBSEQUENT MEETINGS.—The Commission 

2 shall hold subsequent meetings at the call of the 

3 chairperson. 

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

5 initial meeting, the Commission shall elect a Chairperson 

6 and Vice Chairperson from among its voting members. 

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

8 constitute a quorum, but a lesser number may hold meet9 ings. 

10 (d) VOTING.— 

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

12 only on an affirmative vote of a majority of the vot13 ing members of the Commission. 

14 (2) NONVOTING MEMBERS.—The individuals 

15 appointed under subparagraphs (A) and (B) of sec16 tion 4(a)(1) shall be nonvoting members, and shall 

17 serve only in an advisory capacity. 

18 SEC. 6. DUTIES OF THE COMMISSION. 

19 (a) ACTIVITIES RELATED TO THE SESQUICENTEN20 NIAL.—The Commission shall— 

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

22 activities appropriate to commemorate the sesqui23 centennial of the Civil War; 

24 (2) encourage interdisciplinary examination of 

25 the Civil War; 


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1 (3) facilitate Civil War-related activities 

2 throughout the United States; 

3 (4) encourage civic, historical, educational, eco4 nomic, and other organizations throughout the 

5 United States to organize and participate in activi6 ties to expand the understanding and appreciation of 

7 the significance of the Civil War; 

8 (5) coordinate and facilitate the public distribu9 tion of scholarly research, publications, and interpre10 tations of the Civil War; 

11 (6) provide technical assistance to States, local12 ities, and nonprofit organizations to further the com13 memoration of the sesquicentennial of the Civil War; 

14 (7) develop programs and facilities to ensure 

15 that the sesquicentennial commemoration of the 

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

17 public benefit; and 

18 (8) encourage the development and conduct of 

19 programs designed to involve the international com20 munity in activities that commemorate the Civil 

21 War. 

22 (b) PLANS AND REPORT.— 

23 (1) STRATEGIC PLAN AND ANNUAL PERFORM24 ANCE PLANS.—The Commission shall prepare a 

25 strategic plan in accordance with section 306 of title 


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1 5, United States Code, and annual performance 

2 plans in accordance with section 1115 of title 31, 

3 United States Code, for the activities of the Com4 mission carried out under this Act. 

5 (2) REPORTS.— 

6 (A) ANNUAL REPORT.—The Commission 

7 shall submit to Congress an annual report that 

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

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

10 the identity of the donor of each such gift, be11 quest, or devise. 

12 (B) FINAL REPORT.—Not later than De13 cember 30, 2015, the Commission shall submit 

14 to Congress a final report that contains— 

15 (i) a summary of activities of the 

16 Commission; 

17 (ii) a final accounting of funds re18 ceived and expended by the Commission; 

19 and 

20 (iii) the findings and recommenda21 tions of the Commission. 

22 SEC. 7. GRANT PROGRAM. 

23 (a) GRANTS AUTHORIZED.—The National Endow24 ment for the Humanities shall award grants under this 

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


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

2 section shall be used for appropriate activities relating to 

3 the sesquicentennial of the Civil War. 

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

5 section, the National Endowment of the Humanities shall 

6 consider established university, museum, or academic pro7 grams with national scope that sponsor multidisciplinary 

8 projects, including those that concentrate on the role of 

9 African Americans in the Civil War. 

10 SEC. 8. POWERS OF THE COMMISSION. 

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

12 (1) solicit, accept, use, and dispose of gifts, be13 quests, or devises of money or other real or personal 

14 property for the purpose of aiding or facilitating the 

15 work of the Commission; 

16 (2) appoint any advisory committee as the 

17 Commission considers appropriate for the purposes 

18 of this Act; 

19 (3) authorize any voting member or employee of 

20 the Commission to take any action that the Commis21 sion is authorized to take under this Act; 

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

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

24 agreements to carry out this Act (except that any 

25 contracts, leases, or other legal agreements entered 


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1 into by the Commission shall not extend beyond the 

2 date of the termination of the Commission); and 

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

4 manner and under the same conditions as other 

5 Federal agencies. 

6 SEC. 9. PERSONNEL MATTERS. 

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

8 Commission, and members of any advisory committee ap9 pointed under section 8(a)(2), shall serve without com10 pensation. 

11 (b) TRAVEL EXPENSES.—Members of the Commis12 sion, and members of any advisory committees appointed 

13 under section 8(a)(2), shall be allowed travel expenses, in14 cluding per diem in lieu of subsistence, at rates authorized 

15 for an employee of an agency under subchapter I of chap16 ter 57 of title 5, United States Code, while away from 

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

18 the performance of the duties of the Commission. 

19 (c) STAFF.— 

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

21 Commission may, without regard to civil service laws 

22 (including regulations), appoint and terminate an ex23 ecutive director and such other additional personnel 

24 as are necessary to enable the Commission to per25 form the duties of the Commission. 


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1 (2) CONFIRMATION OF EXECUTIVE DIREC2 TOR.—The employment of an executive director shall 

3 be subject to confirmation by the Commission. 

4 (3) COMPENSATION.— 

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

6 subparagraph (B), the Chairperson of the Com7 mission may fix the compensation of the execu8 tive director and other personnel without regard 

9 to the provisions of chapter 51 and subchapter 

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

11 relating to classification of positions and Gen12 eral Schedule pay rates. 

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

14 pay for the executive director and other per15 sonnel shall not exceed the rate payable for 

16 level V of the Executive Schedule under section 

17 5316 of title 5, United States Code. 

18 (d) DETAIL OF GOVERNMENT EMPLOYEES.— 

19 (1) IN GENERAL.—At the request of the Com20 mission, the head of any Federal agency may detail, 

21 on a reimbursable or nonreimbursable basis, any of 

22 the personnel of the agency to the Commission to as23 sist the Commission in carrying out the duties of the 

24 Commission under this Act. 


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

2 employee under paragraph (1) shall be without inter3 ruption or loss of civil service status or privilege. 

4 (e) VOLUNTEER AND UNCOMPENSATED SERVICES.— 

5 Notwithstanding section 1342 of title 31, United States 

6 Code, the Commission may accept and use voluntary and 

7 uncompensated services as the Commission determines 

8 necessary. 

9 (f) SUPPORT SERVICES.—The Director of the Na10 tional Park Service shall provide to the Commission, on 

11 a reimbursable basis, such administrative support services 

12 as the Commission may request. 

13 (g) PROCUREMENT OF TEMPORARY AND INTERMIT14 TENT SERVICES.—The Chairperson of the Commission 

15 may procure temporary and intermittent services under 

16 section 3109(b) of title 5, United States Code, at daily 

17 rates for individuals which do not exceed the daily equiva18 lent of the annual rate of basic pay prescribed for level 

19 V of the Executive Schedule under section 5316 of such 

20 title. 

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

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

23 apply to the Commission. 


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1 (i) TERMINATION.—The Commission shall terminate 

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

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

4 SEC. 10. AUDIT OF COMMISSION. 

5 The Inspector General of the Department of the Inte6 rior shall perform an annual audit of the Commission and 

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

8 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

9 (a) IN GENERAL.—There is authorized to be appro10 priated to carry out this Act (other than section 7) 

11 $200,000 for each of the fiscal years 2010 through 2017. 

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

13 $3,500,000 to the National Endowment for the Human14 ities to provide grants under section 7, to remain available 

15 until expended. 

Æ 


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