[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4956 Introduced in House (IH)]
107th CONGRESS
2d Session
H. R. 4956
To establish a National Commission on the Bicentennial of the Louisiana
Purchase.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 18, 2002
Mr. Carson of Oklahoma (for himself and Mr. Borski) introduced the
following bill; which was referred to the Committee on Resources
_______________________________________________________________________
A BILL
To establish a National Commission on the Bicentennial of the Louisiana
Purchase.
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 ``Louisiana Purchase Bicentennial
Commission Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Bicentennial of the Louisiana Purchase occurs in
2003, 200 years after the United States, under the leadership
of President Thomas Jefferson and after due consideration and
approval by Congress, paid $15,000,000 to France in order to
acquire the vast area in the western half of the Mississippi
River Basin;
(2) the Louisiana Purchase was the largest peaceful land
transaction in history, virtually doubling the size of the
United States;
(3) the Louisiana Purchase opened the heartland of the
North American continent for exploration, settlement, and
achievement to the people of the United States;
(4) in the wake of the Louisiana Purchase, the new frontier
attracted immigrants from around the world and became
synonymous with the search for spiritual, economic, and
political freedom;
(5) today the States of Arkansas, Colorado, Iowa, Kansas,
Louisiana, Minnesota, Missouri, Montana, Nebraska, North
Dakota, Oklahoma, South Dakota, Texas, and Wyoming make up what
was the Louisiana Territory; and
(6) commemoration of the Louisiana Purchase and the opening
of the West would--
(A) enhance public understanding of the impact of
westward expansion on the society of the United States;
and
(B) provide lessons for continued democratic
governance in the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Bicentennial.--The term ``Bicentennial'' means the
200th anniversary of the Louisiana Purchase.
(2) Commission.--The term ``Commission'' means the National
Commission on the Bicentennial of the Louisiana Purchase
established under section 4(a).
SEC. 4. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``National Commission on the Bicentennial of the Louisiana
Purchase''.
(b) Duties.--The Commission shall plan, encourage, coordinate, and
conduct the commemoration of the Bicentennial.
(c) Membership.--
(1) Numbers and appointment.--The Commission shall be
composed of 20 members, including--
(A) 14 members consisting of the governor, or their
designee, of each State that made up the Louisiana
Territory;
(B) the Director of the National Museum of American
History of the Smithsonian Institution or his designee;
(C) the Librarian of Congress or his designee;
(D) as chosen by the Commission, the president or
head of 2 United States historical societies,
foundations, or organizations of National stature or
prominence;
(E) the Secretary of Education or his designee; and
(F) 2 members from the largest Federally recognized
Native American tribes within the territory.
(2) International participation.--The President may invite
the Governments of France and Spain to appoint 1 individual
each to serve as a nonvoting member of the Commission.
(3) Date of appointments.--The appointment of a member of
the Commission described in paragraph (1) shall be made not
later than 120 days after the date of enactment of this Act.
(d) Term; Vacancies.--
(1) Term.--A member shall be appointed for the life of the
Commission.
(2) Vacancy.--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.
(e) Organization and Initial Meeting.--No later than 90 days after
the date of enactment of this Act, the Commission shall meet and select
a Chairperson, Vice Chairperson, and Executive Director.
(f) Meetings.--The Commission shall meet at the call of the
Chairperson described under subsection (h).
(g) Quorum.--A quorum of the Commission for decision-making
purposes shall be 11 members, except that a lesser number of members,
as determined by the Commission, may conduct meetings.
(h) Chairperson.--The Commission shall select a Chairperson of the
Commission from the members designated under subsection (c)(1). The
Chairperson may be removed by a vote of a majority of the Commission's
members.
SEC. 5. DUTIES.
(a) In General.--The Commission shall--
(1) plan and develop activities appropriate to commemorate
the Bicentennial including a limited number of proposed
projects to be undertaken by the appropriate Federal
departments and agencies that commemorate the Bicentennial by
seeking to harmonize and balance the important goals of
ceremony and celebration with the equally important goals of
scholarship and education;
(2) consult with and encourage Indian tribes, appropriate
Federal departments and agencies, State and local governments,
elementary and secondary schools, colleges and universities,
foreign governments, and private organizations to organize and
participate in Bicentennial activities commemorating or
examining--
(A) the history of the Louisiana Territory;
(B) the negotiations of the Louisiana Purchase;
(C) voyages of discovery;
(D) frontier movements; and
(E) the westward expansion of the United States;
(3) coordinate activities throughout the United States and
internationally that relate to the history and influence of the
Louisiana Purchase; and
(4) encourage the publication of popular and scholarly
works related to the Louisiana purchase.
(b) Reports.--
(1) In general.--Not later than 1 year before the
Bicentennial date, the Commission shall submit to the President
and Congress a comprehensive report that includes specific
recommendations for--
(A) the allocation of financial and administrative
responsibility among participating entities and persons
with respect to commemoration of the Bicentennial; and
(B) the commemoration of the Bicentennial and
related events through programs and activities, such
as--
(i) the production, publication, and
distribution of books, pamphlets, films,
electronic publications, and other educational
materials focusing on the history and impact of
the Louisiana Purchase on the United States and
the world;
(ii) bibliographical and documentary
projects, publications, and electronic
resources;
(iii) conferences, convocations, lectures,
seminars, and other programs;
(iv) the development of programs by and for
libraries, museums, parks and historic sites,
including international and national traveling
exhibitions;
(v) ceremonies and celebrations
commemorating specific events;
(vi) the production, distribution, and
performance of artistic works, and of programs
and activities, focusing on the international
and national significance of the Louisiana
Purchase and the westward movement opening the
frontier for present and future generations;
and
(vii) the issuance of commemorative coins,
medals, certificates of recognition, and
stamps.
(2) Annual Report.--In each fiscal year in which the
Commission is in existence, the Commission shall prepare and
submit to Congress a report describing the activities of the
Commission during the fiscal year. Each annual report shall
also include--
(A) recommendations regarding appropriate
activities to commemorate the centennial of the
Louisiana Purchase, including--
(i) the production, publication, and
distribution of books, pamphlets, films, and
other educational materials;
(ii) bibliographical and documentary
projects and publications;
(iii) conferences, convocations, lectures,
seminars, and other similar programs;
(iv) the development of exhibits for
libraries, museums, and other appropriate
institutions;
(v) ceremonies and celebrations
commemorating specific events that relate to
the Louisiana Purchase;
(vi) programs focusing on the history of
the Louisiana Purchase and its benefits to the
United States and humankind; and
(vii) competitions, commissions, and awards
regarding historical, scholarly, artistic,
literary, musical, and other works, programs,
and projects related to the centennial of the
Louisiana Purchase;
(B) recommendations to appropriate agencies or
advisory bodies regarding the issuance of commemorative
coins, medals, and stamps by the United States relating
to aviation or the centennial of the Louisiana
Purchase;
(C) recommendations for any legislation or
administrative action that the Commission determines to
be appropriate regarding the commemoration of the
centennial of the Louisiana Purchase;
(D) an accounting of funds received and expended by
the Commission in the fiscal year that the report
concerns, including a detailed description of the
source and amount of any funds donated to the
Commission in the fiscal year; and
(E) an accounting of any cooperative agreements and
contract agreements entered into by the Commission.
(3) Final Report.--Not later than 1 year after the
Bicentennial date, the Commission shall submit to the President
and Congress a final report. The final report shall contain--
(A) a summary of the activities of the Commission;
(B) a final accounting of funds received and
expended by the Commission;
(C) any findings and conclusions of the Commission;
and
(D) specific recommendations concerning the final
disposition of any historically significant items
acquired by the Commission, including items donated to
the Commission.
(c) Assistance.--In carrying out this Act, the Commission shall
consult, cooperate with, and seek advice and assistance from
appropriate Federal departments and agencies.
SEC. 6. POWERS OF THE COMMISSION.
(a) In General.--The Commission may provide for--
(1) the preparation, distribution, dissemination,
exhibition, and sale of historical, commemorative, and
informational materials and objects that will contribute to
public awareness of, and interest in, the Bicentennial, except
that any commemorative coin, medal, or postage stamp
recommended to be issued by the United States shall be sold
only by a Federal department or agency;
(2) competitions and awards for historical, scholarly,
artistic, literary, musical, and other works, programs, and
projects relating to the Bicentennial;
(3) a Bicentennial calendar or register of programs and
projects, and in other ways provide a central clearinghouse for
information and coordination regarding dates, events, places,
documents, artifacts, and personalities of Bicentennial
historical and commemorative significance; and
(4) the design and designation of logos, symbols, or marks
for use in connection with the commemoration of the
Bicentennial shall establish procedures regarding their use.
(b) Federal Cooperation.--To ensure the overall success of the
Commission's efforts, the Commission may call upon various Federal
departments and agencies to assist in and give support to the programs
of the Commission. The head of the Federal department or agency, where
appropriate, shall furnish the information or assistance requested by
the Commission, unless prohibited by law.
(c) Prohibition of Pay Other Than Travel Expenses.--Members of an
advisory committee or task force of the Commission shall not receive
pay, but may receive travel expenses pursuant to policies adopted by
the Commission. Members who are Federal employees shall not receive
travel expenses if otherwise reimbursed by the Federal Government.
(d) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action that
the Commission is authorized to take under this Act.
(e) Authority To Procure and To Make Legal Agreements.--
(1) In general.--Notwithstanding any other provision in
this Act, only the Commission may procure supplies, services,
and property, and make or enter into leases and other legal
agreements in order to carry out this Act.
(2) Restriction.--
(A) In general.--A contract, lease, or other legal
agreement made or entered into by the Commission may
not extend beyond the date of the termination of the
Commission.
(B) Federal support.--The Commission shall obtain
property, equipment, and office space from the General
Services Administration or the Smithsonian Institution,
unless other office space, property, or equipment is
less costly.
(3) Supplies and property possessed by commission at
termination.--Any supplies and property, except historically
significant items, that are acquired by the Commission under
this Act and remain in the possession of the Commission on the
date of the termination of the Commission shall become the
property of the General Services Administration upon the date
of termination.
(f) Advisory Committee.--The Commission may appoint such advisory
committees as the Commission determines necessary to carry out the
purposes of this Act.
SEC. 7. ADMINISTRATION.
(a) Location of Office.--
(1) Central office.--The central office of the Commission
shall be in Washington, D.C.
(2) Additional offices.--The Commission shall establish 2
additional offices in New Orleans, Louisiana, and St. Louis,
Missouri.
(b) Executive Director.--There shall be an Executive Director
appointed by the Commission and chosen from among detailees from the
agencies and organizations represented on the Commission. The Executive
Director may be paid at a rate not to exceed the maximum rate of basic
pay payable for the Senior Executive Service.
(c) Staff.--The Commission may appoint and fix the pay of any
additional personnel that it considers appropriate, except that an
individual appointed under this subsection may not receive pay in
excess of the maximum rate of basic pay payable for GS-14 of the
General Schedule.
(d) Inapplicability of Certain Civil Service Laws.--The Executive
Director and staff of the Commission may be appointed without regard to
the provisions of title 5, United States Code, governing appointments
in the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of such
title, relating to classification and General Schedule pay rates,
except as provided under subsections (a) and (b) of this section.
(e) Merit System Principles.--The appointment of the Executive
Director or any personnel of the Commission under subsection (a) or (b)
shall be made consistent with the merit system principles under section
2301 of title 5, United States Code.
(f) Staff of Federal Agencies.--Upon request by the Chairperson of
the Commission, the head of any Federal department or agency may
detail, on either a nonreimbursable or reimbursable basis, any of the
personnel of the department or agency to the Commission to assist the
Commission to carry out its duties under this Act.
(g) Administrative Support Services.--The Secretary of the
Smithsonian Institution may provide to the Commission on a reimbursable
basis any administrative support services that are necessary to enable
the Commission to carry out this Act.
(h) Cooperative Agreements.--The Commission may enter into
cooperative agreements with other Federal agencies, State and local
governments, and nonprofit organizations that will contribute to public
awareness of and interest in the centennial of the Louisiana Purchase
and toward furthering the goals and purposes of this Act.
(i) Program Support.--The Commission may receive program support
from the nonprofit sector.
(j) Members' Compensation.--
(1) In general.--A member of the Commission shall serve
without compensation.
(2) Travel expenses.--The Commission may adopt a policy,
only by unanimous vote, for members of the Commission and
related advisory panels to receive travel expenses, including
per diem in lieu of subsistence. The policy may not exceed the
levels established under sections 5702 and 5703 of title 5,
United States Code. Members who are Federal employees shall not
receive travel expenses if otherwise reimbursed by the Federal
Government.
(k) Other Revenues and Expenditures.--The Commission may procure
supplies, services, and property, enter into contracts, and expend
funds appropriated, donated, or received to carry out contracts.
(l) Postal Services.--The Commission may use the United States mail
to carry out this Act in the same manner and under the same conditions
as other agencies of the Federal Government.
SEC. 8. CONTRIBUTIONS.
(a) Donations.--The Commission may solicit, accept, and use
donations of money, property, or personal services and historic
materials relating to the implementation of its responsibilities under
the provisions of this Act. The Commission shall not accept donations
the value of which exceeds--
(1) $50,000 annually with respect to an individual; and
(2) $250,000 annually with respect to any person other than
an individual.
(b) Volunteer 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.
(c) Remaining Funds.--Any funds (including funds received from
licensing royalties) remaining with the Commission on the date of the
termination of the Commission may be used to ensure proper disposition,
as specified in the final report required under section 10(b), of
historically significant property which was donated to or acquired by
the Commission. Any funds remaining after such disposition shall be
transferred to the Secretary of the Treasury for deposit into the
general fund of the Treasury of the United States.
(d) Acquired Items.--Any book, manuscript, miscellaneous printed
matter, memorabilia, relic, and other material or property relating to
the time period of the Louisiana Purchase acquired by the Commission
may be deposited for preservation in national, State, or local
libraries, museums, archives, or other agencies with the consent of the
depositary institution.
SEC. 9. EXCLUSIVE RIGHT TO NAME, LOGOS, EMBLEMS, SEALS, AND MARKS.
(a) In General.--The Commission may devise any logo, emblem, seal,
or descriptive or designating mark that is required to carry out its
duties or that it determines is appropriate for use in connection with
the commemoration of the Bicentennial of the Louisiana Purchase.
(b) Licensing.--The Commission shall have the sole and exclusive
right to use, or to allow or refuse the use of, the name ``National
Commission on the Bicentennial of the Louisiana Purchase'' on any logo,
emblem, seal, or descriptive or designating mark that the Commission
lawfully adopts.
(c) Effect on Other Rights.--No provision of this section may be
construed to conflict or interfere with established or vested rights.
(d) Use of Funds.--Funds from licensing royalties received pursuant
to this section shall be used by the Commission to carry out the duties
of the Commission specified by this Act.
(e) Licensing Rights.--All exclusive licensing rights, unless
otherwise specified, shall revert to the National Museum of American
History upon termination of the Commission.
SEC. 10. AUDIT OF FINANCIAL TRANSACTIONS.
(a) In General.--
(1) Audit.--The Comptroller General of the United States
shall audit on an annual basis the financial transactions of
the Commission, including financial transactions involving
donated funds, in accordance with generally accepted auditing
standards.
(2) Access.--In conducting an audit under this section, the
Comptroller General.--
(A) shall have access to all books, accounts,
financial records, reports, files, and other papers,
items, or property in use by the Commission, as
necessary to facilitate the audit; and
(B) shall be afforded full facilities for verifying
the financial transactions of the Commission, including
access to any financial records or securities held for
the Commission by depositories, fiscal agents, or
custodians.
(b) Final Report.--Not later than 120 days after the date on which
the Commission submits its final report, the Comptroller General of the
United States shall submit to the President and to Congress a report
detailing the results of any audit of the financial transactions of the
Commission conducted by the Comptroller General.
SEC. 11. TERMINATION OF THE COMMISSION.
Not later than 60 days after the submission of the final report,
the Commission shall terminate.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Subject to subsections (b) and (c), there are
authorized to be appropriated to carry out the purposes of this Act
$250,000 for each of the fiscal years 2002, 2003, and 2004.
(b) Availability of Funds.--Amounts appropriated under this section
for any fiscal year shall remain available until March 31, 2004.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Resources.
Referred to the Subcommittee on National Parks, Recreation and Public Lands.
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