22-federal legislation draft bill

8/7/2019 22-federal legislation draft bill

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[DISCUSSION DRAFT]

OCTOBER 5, 2009

111TH CONGRESS1ST SESSION H. R.ll

To establish a Federal museum and commission to commemorate the ending

of chattel slavery in the United States, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

Ml. llllllintroduced the following bill; which was referred to the

Committee on llllllllllllll

A BILL

To establish a Federal museum and commission to com-

memorate the ending of chattel slavery in the United

States, and for other purposes.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled,2

SECTION 1. SHORT TITLE.3

This Act may be cited as the National Emancipation4

Commemoration Act of 2009.5

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SEC. 2. PURPOSE.1

The purpose of this Act is to establish the National2

Emancipation Commemoration Commission in order to3

(1) ensure a suitable national observance of the4

150th anniversary of the ending of chattel slavery in5

the United States through the Emancipation Procla-6

mation and the Thirteenth Amendment of the Con-7

stitution;8

(2) highlight the protections of the living 13th9

Amendment against modern slavery in all its forms10

and explore why servitude still exists in the United11

States and elsewhere;12

(3) provide assistance to the development of13

programs, curricula, and activities concerning both14

antebellum and modern slavery, in conjunction with15

the 150th anniversary of Emancipation and there-16

after;17

(4) establish the National Underground Rail-18

road Freedom Center Inc., located in Cincinnati,19

Ohio along the northern bank of the Ohio River, a20

major Underground Railroad crossing point, as the21

Federal learning center dedicated to honoring and il-22

luminating the historic struggle for freedom and tri-23

umph over slavery embodied by the Underground24

Railroad; and25



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(5) support and facilitate marketing efforts for1

events, a commemorative coin, stamp, and related2

activities for the observances of the 150th Anniver-3

sary of Emancipation and the adoption of the Thir-4

teenth Amendment.5

TITLE INATIONAL EMANCI-6

PATION COMMEMORATION7

SEC. 101. DEFINITIONS.8

In this title:9

(1) COMMEMORATION.The term commemo-10

ration means the commemoration of the 150th an-11

niversaries of the Preliminary Emancipation Procla-12

mation, the Emancipation Proclamation, the Thir-13

teenth Amendment to the United States Constitu-14

tion and its ongoing application to modern slavery,15

passage of federal anti-peonage legislation and the16

extension of the Thirteenth Amendment protections17

to all races and ethnicities, and the activities of the18

Bureau of Refugees, Freedmen and Abandoned19

Lands (Freedmans Bureau) in attempting to20

meet the needs of newly-freed persons in the years21

following the Civil War.22

(2) COMMISSION.The term Commission23

means the Commission established by this title.24



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SEC. 102. ATTORNEY GENERAL TO ASSIST THE COMMEMO-1

RATION.2

In order to ensure that the 150th anniversary of3

Emancipation provides a lasting legacy and long-term4

public benefit by assisting in the development of appro-5

priate programs and facilities, the Attorney General may6

make grants and provide technical assistance to States,7

localities, and nonprofit organizations8

(1) plan and carry out programs and activities9

appropriate to for the commemoration;10

(2) generally facilitate commemoration-related11

activities throughout the United States;12

(3) encourage civic, patriotic, historical, edu-13

cational, religious, economic, and other organizations14

throughout the United States to organize and par-15

ticipate in anniversary activities to expand the un-16

derstanding and appreciation of the significance of17

the events commemorated by the commemoration;18

(4) coordinate and facilitate public scholarly re-19

search on, publication about, and interpretation of:20

chattel slavery, the trans-Atlantic slave trade, the21

lives and work of such historical figures as Abraham22

Lincoln, Frederick Douglass, Sojourner Truth, and23

Harriet Tubman, the Emancipation, success and24

failures in implementing the Emancipation, expan-25

sion of the protections of the Thirteenth Amendment26



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to all persons in the United States, modern effects1

of chattel slavery and the Emancipation on Amer-2

ican culture and society, and the continued applica-3

tion of the Thirteenth Amendment and enabling leg-4

islation in combating involuntary servitude in the5

United States and abroad;6

(5) encourage efforts for a commemorative coin,7

stamp, and related activities for the commemoration;8

and9

(6) assist in the appropriate development of10

commemoration-related heritage tourism and the11

economic benefits of that tourism to the United12

States.13

SEC. 103. NATIONAL EMANCIPATION COMMEMORATION14

COMMISSION.15

(a) IN GENERAL.There is established a commission16

to be known as the National Emancipation Commemora-17

tion Commission.18

(b) DUTIES.19

(1) IN GENERAL.The Commission shall20

(A) advise the Attorney General with re-21

gard to making grants and giving technical as-22

sistance under this title; and23

(B) conduct a study on modern-day slavery24

in all its forms that25



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(i) addresses why slavery in all its1

forms still exists globally, including the2

failure by authorities to enforce laws pro-3

hibiting slavery and prosecuting the per-4

petrators of slavery, corruption among offi-5

cials, and the vulnerability of certain popu-6

lations, such as those who are discrimi-7

nated against because of gender, ethnicity8

or caste, and those in areas of conflict and9

post conflict, transitioning states, or states10

undergoing sudden political upheaval, eco-11

nomic collapse, civil unrest, internal armed12

conflict, chronic unemployment, widespread13

poverty, or manmade or natural disasters;14

(ii) provides a comprehensive evalua-15

tion of current United States trade policys16

effect on modern slavery, including a list of17

the top ten countries with the highest18

number of enslaved person within their19

borders, along with the precise nature of20

the United States trade relationship with21

each country;22

(iii) provides a comprehensive evalua-23

tion of the effectiveness of United States24

laws prohibiting the importation of goods25



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(A) a summary of the activities of the1

Commission;2

(B) the results of the study conducted3

under paragraph (1)(B);4

(C) a final accounting of funds received5

and expended by the Commission; and6

(D) any findings and recommendations of7

the Commission.8

(c) MEMBERSHIP.9

(1) IN GENERAL.The Commission shall be10

composed of 14 members, of whom11

(A) one shall be the Librarian of Congress,12

or a designee of the Librarian of Congress;13

(B) one shall be the Secretary of the14

Smithsonian Institution , or a designee of the15

Secretary;16

(C) one shall be the Director of the Na-17

tional Underground Railroad Freedom Center18

(or any successor institution) or a designee of19

the Director;20

(D) one shall be the Director of the Na-21

tional Civil Rights Museum, or a designee of22

the Director;23

(E) one shall be the Assistant Attorney24

General for Civil Rights;25



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(F) one shall be the Ambassador at Large,1

Director of the Office to Monitor and Combat2

Trafficking in Persons;3

(G) four shall be appointed by the Speaker4

of the House in consultation with the Minority5

Leader; and6

(H) four shall be appointed by the Major-7

ity Leader of the Senate in consultation with8

the Minority Leader.9

(2) TERM; VACANCIES.10

(A) TERM.The term of an appointed11

member of the Commission is for the life of the12

Commission.13

(B) VACANCIES.14

(i) IN GENERAL.A vacancy among15

the appointed members of the Commission16

shall be filled in the same manner in which17

the original appointment was made.18

(ii) PARTIAL TERM.A member ap-19

pointed to fill a vacancy on the Commis-20

sion shall serve for the remainder of the21

term for which the predecessor of the22

member was appointed.23

(3) MEETINGS.24



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(A) IN GENERAL.The Commission shall1

meet2

(I) at least twice each year; or3

(ii) at the call of the Chairperson or4

the majority of the members of the Com-5

mission.6

(B) INITIAL MEETING.Not later than 307

days after the date on which all appointed8

members of the Commission have been ap-9

pointed, the Commission shall hold the initial10

meeting of the Commission.11

(4) VOTING.12

(A) IN GENERAL.The Commission shall13

act only on an affirmative vote of a majority of14

the members of the Commission.15

(B) QUORUM.A majority of the Commis-16

sion shall constitute a quorum.17

(5) CHAIRPERSON.The Attorney General shall18

appoint a Chairperson of the Commission from19

among its members.20

(d) POWERS OF THE COMMISSION.The Commission21

may22

(1) accept donations and make dispersions of23

money, personal services, and real and personal24

property related to its duties;25



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(2) appoint such advisory committees as the1

Commission determines to be necessary to carry out2

its duties;3

(3) authorize any member or employee of the4

Commission to take any action that the Commission5

is authorized to take by this title;6

(4) procure supplies, services, and property, and7

make or enter into contracts, leases or other legal8

agreements, to carry out its duties (except that any9

contracts, leases or other legal agreements made or10

entered into by the Commission shall not extend be-11

yond the date of termination of the Commission);12

and13

(5) use the United States mails in the same14

manner and under the same conditions as a Federal15

agency.16

(e) ADVISORY COMMITTEES.The Commission may17

appoint advisory committees to assist it in the work of18

the work of the commission.19

(f) COMMISSION PERSONNEL MATTERS.20

(1) COMPENSATION OF MEMBERS OF THE COM-21

MISSION.22

(A) IN GENERAL.Except as provided in23

this paragraph, a member of the Commission24

shall serve without compensation.25



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(B) FEDERAL EMPLOYEES.A member of1

the Commission who is an officer or employee2

of the Federal Government shall serve without3

compensation in addition to the compensation4

received for the services of the member as an5

officer or employee of the Federal Government.6

(C) TRAVEL EXPENSES.A member of the7

Commission, and a person serving on an advi-8

sory committee to the Commission, shall each9

be allowed travel expenses, including per diem10

in lieu of subsistence, at rates authorized for an11

employee of an agency under subchapter I of12

chapter 57 of title 5, United States Code, while13

away from the home or regular place of busi-14

ness of the member or person in the perform-15

ance of the duties of the Commission.16

(2) STAFF.17

(A) IN GENERAL.The Chairperson of the18

Commission may, without regard to the civil19

service laws (including regulations), appoint20

and terminate an executive director and such21

other additional personnel as are necessary to22

enable the Commission to perform the duties of23

the Commission.24



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(B) CONFIRMATION OF EXECUTIVE DIREC-1

TOR.The employment of an executive director2

shall be subject to confirmation by the Commis-3

sion.4

(3) COMPENSATION.5

(A) IN GENERAL.Except as provided in6

subparagraph (B), the Chairperson of the Com-7

mission may fix the compensation of the execu-8

tive director and other personnel without regard9

to the provisions of chapter 51 and subchapter10

III of chapter 53 of title 5, United States Code,11

relating to classification of positions and Gen-12

eral Schedule pay rates.13

(B) MAXIMUM RATE OF PAY.The rate of14

pay for the executive director and other per-15

sonnel shall not exceed the rate payable for16

level V of the Executive Schedule under section17

5316 of title 5, United States Code.18

(4) DETAIL OF GOVERNMENT EMPLOYEES.19

(A) FEDERAL EMPLOYEES.20

(I) IN GENERAL.On the request of21

the Commission, the head of any Federal22

agency may detail, on a reimbursable or23

non-reimbursable basis, any of the per-24

sonnel of the agency to the Commission to25



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assist the Commission in carrying out the1

duties of the Commission under this title.2

(ii) CIVIL SERVICE STATUS.The de-3

tail of an employee under clause (I) shall4

be without interruption or loss of civil serv-5

ice status or privilege.6

(B) STATE EMPLOYEES.The Commission7

may8

(I) accept the services of personnel de-9

tailed from States (including subdivisions10

of States); and11

(ii) reimburse States for services of12

detailed personnel.13

(5) VOLUNTEER AND UNCOMPENSATED SERV-14

ICES.Notwithstanding section 1342 of title 31,15

United States Code, the Commission may accept and16

use voluntary and uncompensated services as the17

Commission determines necessary.18

(6) SUPPORT SERVICES.The Attorney General19

shall provide to the Commission, on a reimbursable20

basis, such administrative support services as the21

Commission may request.22

(g) PROCUREMENT OF TEMPORARY AND INTERMIT-23

TENT SERVICES.The Chairperson of the Commission24

may procure temporary and intermittent services in ac-25



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cordance with section 3109(b) of title 5, United States1

Code, at rates for individuals that do not exceed the daily2

equivalent of the annual rate of basic pay prescribed for3

level V of the Executive Schedule under section 5316 of4

that title.5

(h) TERMINATION.The Commission shall terminate6

on December 31, 2018. Any advisory commission estab-7

lished under this title that is not previously terminated8

by the Commission shall also terminate on that date.9

TITLE IIUNITED STATES UN-10

DERGROUND RAILROAD11

FREEDOM CENTER12

SEC. 201. ESTABLISHMENT AND FUNCTIONS OF THE13

UNITED STATES UNDERGROUND RAILROAD14

FREEDOM CENTER.15

The United States Underground Railroad Freedom16

Center (hereafter in this title referred to as the Freedom17

Center) is an independent establishment of the United18

States Government. The Freedom Center shall19

(1) provide for appropriate ways for the Nation20

to commemorate the historic struggle for freedom21

and triumph over slavery embodied by the Under-22

ground Railroad and encourage and sponsor appro-23

priate activities to increase public awareness about24



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the continuing struggle to establish universal free-1

dom in the United States and around the world;2

(2) provide for appropriate ways for the Nation3

to commemorate National Freedom Day, a national4

observance designated in section 124 of this title, as5

an annual, national, civic commemoration of the6

signing by Abraham Lincoln on February 1, 1865,7

of the joint resolution adopted by the Senate and the8

House of Representatives that proposed the 13th9

amendment to the Constitution, and encourage and10

sponsor appropriate observances of National Free-11

dom Day throughout the United States;12

(3) accept on behalf of the United States and13

as property of the Freedom Center such structures,14

buildings, improvements, and fixtures located upon15

the real property at 50 East Freedom Way, situated16

in the City of Cincinnati, Hamilton County, Ohio,17

being Lot 3 of the Banks-Phase One as delineated18

on the record plat thereof, of record in plat book19

361, pages 62 and 63, Recorders Office, Hamilton20

County Ohio, and assume all rights and obligations21

associated therewith, as have been offered upon22

agreeable terms as a gift to the Nation by the Na-23

tional Underground Railroad Freedom Center, Inc.,24

an Ohio not for profit company; and25



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(4) operate and maintain a permanent living1

memorial and learning center to the Underground2

Railroad at 50 East Freedom Way, in Cincinnati,3

Ohio, and at such other places as in the future may4

serve the purposes of this chapter, in cooperation5

with the Secretary of the Interior and other Federal6

agencies as provided for in section 204 of this title.7

SEC. 202. FUNCTIONS OF THE BOARD; MEMBERSHIP.8

(a) IN GENERAL.The United States Underground9

Railroad Freedom Center Board of Governors (hereafter10

in this chapter referred to as the Board) shall be the11

board of trustees of the Freedom Center and shall have12

overall governance responsibility for the Freedom Center,13

including policy guidance and strategic direction, general14

oversight of Freedom Center operations, and fiduciary re-15

sponsibility. The Board shall establish an Executive Com-16

mittee which shall exercise ongoing governance responsi-17

bility when the Board is not in session.18

(b) COMPOSITION OF BOARD; APPOINTMENT; VACAN-19

CIES.The Board shall consist of 45 voting members ap-20

pointed (except as otherwise provided in this section) by21

the President and the following ex officio nonvoting mem-22

bers:23

(1) One appointed by the Secretary of the Inte-24

rior.25



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(2) One appointed by the Secretary of Edu-1

cation.2

Of the 45 voting members, [five shall be appointed by the3

Speaker of the United States House of Representatives4

from among Members of the United States House of Rep-5

resentatives and five shall be appointed by the President6

pro tempore of the United States Senate upon the rec-7

ommendation of the majority and minority leaders from8

among Members of the United States Senate] [Constitu-9

tional problem? Compare with Smithsonian.]. Any vacancy10

in the Board shall be filled in the same manner as the11

original appointment was made.12

(c) TERM OF OFFICE.13

(1) Except as otherwise provided in this sub-14

section, Board members shall serve for 5-year terms.15

(2) [The terms of the five Members of the16

United States House of Representatives and the five17

Members of the United States Senate appointed dur-18

ing any term of Congress shall expire at the end of19

such term of Congress.]20

(3) Any member appointed to fill a vacancy oc-21

curring before the expiration of the term for which22

his predecessor was appointed shall be appointed23

only for the remainder of such term. A member,24

[other than a Member of Congress appointed by the25



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Speaker of the United States House of Representa-1

tives or the President pro tempore of the United2

States Senate,] may serve after the expiration of3

that members term until that members successor4

has taken office.5

(d) CHAIRPERSON AND VICE CHAIRPERSON; TERM6

OF OFFICE.The Chairperson and Vice Chairperson of7

the Board shall be appointed by the President from among8

the members of the Board and such Chairperson and Vice9

Chairperson shall each serve for terms of 5 years.10

(e) REAPPOINTMENT.Members whose terms expire11

may be reappointed, and the Chairperson and Vice Chair-12

person may be reappointed to those offices.13

(f) BYLAWS.The Board shall adopt bylaws to carry14

out its functions under this title. The Chairperson may15

waive a bylaw when the Chairperson decides that waiver16

is in the best interest of the Board. Immediately after17

waiving a bylaw, the Chairperson shall send written notice18

of the waiver to every voting member of the Board. The19

waiver becomes final 30 days after the notice is sent unless20

a majority of Board members disagree in writing before21

the end of the 30-day period.22

(g) QUORUM.One-third of the members of the23

Board shall constitute a quorum, and any vacancy in the24

Board shall not affect its powers to function.25



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(h) ASSOCIATED COMMITTEES.Subject to appoint-1

ment by the Chairperson, an individual who is not a mem-2

ber of the Board may be designated as a member of a3

committee associated with the Board. Such an individual4

shall serve without cost to the Federal Government.5

SEC. 203. COMPENSATION; TRAVEL EXPENSES.6

(a) COMPENSATION.Except as provided in sub-7

section (b) of this section, members of the Board are each8

authorized to be paid the daily equivalent of the annual9

rate of basic pay in effect for positions at level IV of the10

Executive Schedule under section 5315 of title 5, for each11

day (including travel time) during which they are engaged12

in the actual performance of duties of the Board.13

(b) EXCEPTION.Members of the Board who are14

full-time officers or employees of the United States or15

Members of Congress shall receive no additional pay by16

reason of their service on the Board.17

(c) TRAVEL EXPENSES.While away from their18

homes or regular places of business in the performance19

of services for the Board, members of the Board shall be20

allowed travel expenses, including per diem in lieu of sub-21

sistence, in the same manner as persons employed inter-22

mittently in Government service are allowed expenses23

under section 5703 of title 5.24



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SEC. 204. ADMINISTRATIVE PROVISIONS.1

(a) EXPERTS AND CONSULTANTS.The Freedom2

Center may obtain the services of experts and consultants3

in accordance with the provisions of section 3109 of title4

5, at rates not to exceed the daily equivalent of the annual5

rate of basic pay in effect for positions at level IV of the6

Executive Schedule under section 5315 of title 5.7

(b) AUTHORITY TO CONTRACT.The Freedom Cen-8

ter may, in accordance with applicable law, enter into con-9

tracts and other arrangements with public agencies and10

with private organizations and persons and may make11

such payments as may be necessary to carry out its func-12

tions under this title.13

(c) ASSISTANCE FROM OTHER FEDERAL DEPART-14

MENTS AND AGENCIES.The Secretary of the Smithso-15

nian Institution, the Library of Congress, and the heads16

of all executive branch departments, agencies, and estab-17

lishments of the United States may assist the Freedom18

Center in the performance of its functions under this title.19

(d) ADMINISTRATIVE SERVICES AND SUPPORT.The20

Secretary of the Interior may provide administrative serv-21

ices and support to the Freedom Center on a reimbursable22

basis.23

SEC. 205. STAFF.24

(a) ESTABLISHMENT OF THE FREEDOM CENTER DI-25

RECTOR AS CHIEF EXECUTIVE OFFICER.There shall be26



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a director of the Freedom Center (hereafter in this chap-1

ter referred to as the Director) who shall serve as chief2

executive officer of the Freedom Center and exercise day-3

to-day authority for the Freedom Center. The Director4

shall be appointed by the Chairperson of the Board, sub-5

ject to confirmation of the Board. The Director may be6

paid with nonappropriated funds, and, if paid with appro-7

priated funds shall be paid the rate of basic pay for posi-8

tions at level IV of the Executive Schedule under section9

5315 of title 5. The Director shall report to the Board10

and its Executive Committee through the Chairperson.11

The Director shall serve at the pleasure of the Board.12

(b) APPOINTMENT OF EMPLOYEES.The Director13

shall have authority to14

(1) appoint employees in the competitive serv-15

ice, subject to the provisions of chapter 51 and sub-16

chapter III of chapter 53 of title 5, relating to clas-17

sification and general schedule pay rates, who shall18

be responsible for facilities operations and mainte-19

nance, guest services, information technology, and20

similar functions relating to the operation of the21

Freedom Center;22

(2) appoint and fix the compensation (at a rate23

not to exceed the rate of basic pay in effect for posi-24

tions at level IV of the Executive Schedule under25



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section 5315 of title 5) of up to five employees not-1

withstanding any other provision of law;2

(3) appoint and fix the compensation, to be3

paid with nonappropriated funds, of employees who4

shall be responsible for the Freedom Centers edu-5

cational programs, exhibits, development, marketing,6

public relations, financial accounting and reporting,7

and such other executive functions as may be nec-8

essary to carry out the purposes of this legislation;9

and10

(4) implement the decisions and strategic plan11

for the Freedom Center, as approved by the Board,12

and perform such other functions as may be as-13

signed from time-to-time by the Board, the Execu-14

tive Committee of the Board, or the Chairperson of15

the Board, consistent with this legislation.16

SEC. 206. INSURANCE FOR FREEDOM CENTER.17

The Board shall cause to be maintained insurance on18

the Freedom Center to cover such risks, in such amount,19

and containing such terms and conditions as the Board20

deems necessary.21

SEC. 207. GIFTS, BEQUESTS, AND DEVISES OF PROPERTY;22

TAX TREATMENT.23

The Board may solicit, and may accept, hold, admin-24

ister, invest, and use gifts and in-kind considerations, be-25



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quests, and devises of property, both real and personal,1

and all revenues received or generated by the Freedom2

Center to aid or facilitate the operation and maintenance3

of the memorial and learning center. Property may be ac-4

cepted pursuant to this section, and the property and the5

proceeds thereof used as nearly as possible in accordance6

with the terms of the gift, bequest, or devise donating such7

property. Funds donated to and accepted by the Freedom8

Center pursuant to this section or otherwise received or9

generated by the Freedom Center are not to be regarded10

as appropriated funds and are not subject to any require-11

ments or restrictions applicable to appropriated funds. For12

the purposes of Federal income, estate, and gift taxes,13

property accepted under this section shall be considered14

as a gift, bequest, or devise to the United States.15

SEC. 208. ANNUAL REPORT.16

The Director shall transmit to Congress an annual17

report on the Directors stewardship of the authority to18

operate and maintain the memorial and learning center.19

Such report shall include the following:20

(1) An accounting of all financial transactions21

involving donated funds.22

(2) A description of the extent to which the ob-23

jectives of this chapter are being met.24



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(3) An examination of future major endeavors,1

initiatives, programs, or activities that the Freedom2

Center proposes to undertake to better fulfill the ob-3

jectives of this chapter.4

(4) An examination of the Federal role in the5

funding of the Freedom Center and its activities,6

and any changes that may be warranted.7

SEC. 209. AUDIT OF FINANCIAL TRANSACTIONS.8

Financial transactions of the Freedom Center, in-9

cluding those involving donated funds, shall be audited by10

the Comptroller General as requested by Congress, in ac-11

cordance with generally accepted auditing standards. In12

conducting any audit pursuant to this section, appropriate13

representatives of the Comptroller General shall have ac-14

cess to all books, accounts, financial records, reports, files15

and other papers, items or property in use by the Freedom16

Center, as necessary to facilitate such audit, and such rep-17

resentatives shall be afforded full facilities for verifying18

transactions with the balances.19


Documents

22-federal legislation draft bill