II 

Calendar No. 965 

110TH CONGRESS 

2D SESSION H. R. 5235 

IN THE SENATE OF THE UNITED STATES 

JULY 23, 2008 

Received 

JULY 24 (legislative day, JULY 23), 2008 

Read twice and referred to the Committee on the Judiciary 

SEPTEMBER 15, 2008 

Reported by Mr. LEAHY, with an amendment 

[Insert the part printed in italic] 

AN ACT 

To establish the Ronald Reagan Centennial Commission. 

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 ‘‘Ronald Reagan Cen5 tennial Commission Act’’. 


jbell on PROD1PC69 with BILLS
2 

•HR 5235 RS

1 SEC. 2. ESTABLISHMENT. 

2 There is established a commission to be known as the 

3 ‘‘Ronald Reagan Centennial Commission’’ (in this Act re4 ferred to as the ‘‘Commission’’). 

5 SEC. 3. DUTIES OF COMMISSION. 

6 The Commission shall— 

7 (1) plan, develop, and carry out such activities 

8 as the Commission considers fitting and proper to 

9 honor Ronald Reagan on the occasion of the 100th 

10 anniversary of his birth; 

11 (2) provide advice and assistance to Federal, 

12 State, and local governmental agencies, as well as 

13 civic groups to carry out activities to honor Ronald 

14 Reagan on the occasion of the 100th anniversary of 

15 his birth; 

16 (3) develop activities that may be carried out by 

17 the Federal Government to determine whether the 

18 activities are fitting and proper to honor Ronald 

19 Reagan on the occasion of the 100th anniversary of 

20 his birth; and 

21 (4) submit to the President and Congress re22 ports pursuant to section 7. 

23 SEC. 4. MEMBERSHIP. 

24 (a) NUMBER AND APPOINTMENT.—The Commission 

25 shall be composed of 11 members as follows: 

26 (1) The Secretary of the Interior. 


jbell on PROD1PC69 with BILLS
3 

•HR 5235 RS

1 (2) Four members appointed by the President 

2 after considering the recommendations of the Board 

3 of Trustees of the Ronald Reagan Foundation. 

4 (3) Two Members of the House of Representa5 tives appointed by the Speaker of the House of Rep6 resentatives. 

7 (4) One Member of the House of Representa8 tives appointed by the minority leader of the House 

9 of Representatives. 

10 (5) Two Members of the Senate appointed by 

11 the majority leader of the Senate. 

12 (6) One Member of the Senate appointed by the 

13 minority leader of the Senate. 

14 (b) EX OFFICIO MEMBER.—The Archivist of the 

15 United States shall serve in an ex officio capacity on the 

16 Commission to provide advice and information to the Com17 mission. 

18 (c) TERMS.—Each member shall be appointed for the 

19 life of the Commission. 

20 (d) DEADLINE FOR APPOINTMENT.—All members of 

21 the Commission shall be appointed not later than 90 days 

22 after the date of the enactment of this Act. 

23 (e) VACANCIES.—A vacancy on the Commission 

24 shall— 


jbell on PROD1PC69 with BILLS
4 

•HR 5235 RS

1 (1) not affect the powers of the Commission; 

2 and 

3 (2) be filled in the manner in which the original 

4 appointment was made. 

5 (f) RATES OF PAY.—Members shall serve without 

6 pay. 

7 (g) TRAVEL EXPENSES.—Each member of the Com8 mission shall be reimbursed for travel and per diem in lieu 

9 of subsistence expenses during the performance of duties 

10 of the Commission while away from home or his or her 

11 regular place of business, in accordance with applicable 

12 provisions under subchapter I of chapter 57 of title 5, 

13 United States Code. 

14 (h) QUORUM.—A majority of the members of the 

15 Commission shall constitute a quorum but a lesser number 

16 may hold hearings. 

17 (i) CHAIRPERSON.—The chairperson of the Commis18 sion shall be elected by a majority vote of the members 

19 of the Commission. 

20 SEC. 5. DIRECTOR AND STAFF OF COMMISSION. 

21 (a) DIRECTOR.—The Commission may appoint an ex22 ecutive director. The executive director may be paid at a 

23 rate not to exceed the maximum rate of basic pay for GS– 

24 15 of the General Schedule. 


jbell on PROD1PC69 with BILLS
5 

•HR 5235 RS

1 (b) STAFF.—The Commission may appoint and fix 

2 the pay of additional personnel as it considers appropriate 

3 except that an individual so appointed may not receive pay 

4 in excess of the maximum rate of basic pay for GS–13 

5 of the General Schedule. 

6 (c) APPLICABILITY OF CERTAIN CIVIL SERVICE

7 LAWS.—The executive director and staff of the Commis8 sion may be appointed without regard to the provisions 

9 of title 5, United States Code, governing appointments in 

10 the competitive service, and may be paid without regard 

11 to the provisions of chapter 51 and subchapter III of chap12 ter 53 of such title relating to classification and General 

13 Schedule pay rates, except as provided in subsections (a) 

14 and (b). 

15 (d) DETAIL OF FEDERAL EMPLOYEES.—Upon re16 quest of the Commission, the Secretary of the Interior or 

17 the Archivist of the United States may detail, on a reim18 bursable basis, any of the personnel of that department 

19 or agency to the Commission to assist it in carrying out 

20 its duties under this Act. 

21 (e) EXPERTS AND CONSULTANTS.—The Commission 

22 may procure temporary and intermittent services under 

23 section 3109(b) of title 5, United States Code, but at rates 

24 for individuals not to exceed the daily equivalent of the 


jbell on PROD1PC69 with BILLS
6 

•HR 5235 RS

1 maximum annual rate of basic pay for GS–14 of the Gen2 eral Schedule. 

3 (f) VOLUNTEER AND UNCOMPENSATED SERVICES.— 

4 Notwithstanding section 1342 of title 31, United States 

5 Code, the Commission may accept and use voluntary and 

6 uncompensated services as the Commission determines 

7 necessary. 

8 SEC. 6. POWERS OF COMMISSION. 

9 (a) HEARINGS.—The Commission may, for the pur10 pose of carrying out this Act, hold hearings, sit and act 

11 at times and places, take testimony, and receive evidence 

12 as the Commission considers appropriate. 

13 (b) MAILS.—The Commission may use the United 

14 States mails in the same manner and under the same con15 ditions as other departments and agencies of the United 

16 States. 

17 (c) OBTAINING OFFICIAL DATA.—The Commission 

18 may secure directly from any department or agency of the 

19 United States information necessary to enable it to carry 

20 out its duties under this Act. Upon request of the chair21 person of the Commission, the head of that department 

22 or agency shall furnish that information to the Commis23 sion. 

24 (d) GIFTS, BEQUESTS, DEVISES.—The Commission 

25 may solicit, accept, use, and dispose of gifts, bequests, or 


jbell on PROD1PC69 with BILLS
7 

•HR 5235 RS

1 devises of money, services, or property, both real and per2 sonal, for the purpose of aiding or facilitating its work. 

3 (e) AVAILABLE SPACE.—Upon the request of the 

4 Commission, the Administrator of General Services shall 

5 make available nationwide to the Commission, at a normal 

6 rental rate for Federal agencies, such assistance and facili7 ties as may be necessary for the Commission to carry out 

8 its duties under this Act. 

9 (f) CONTRACT AUTHORITY.—To the extent or in the 

10 amounts provided in advance in appropriations Acts, the 

11 Commission may enter into contracts with and com12 pensate government and private agencies or persons to en13 able the Commission to discharge its duties under this 

14 Act, without regard to section 3709 of the Revised Stat15 utes (41 U.S.C. 5). 

16 SEC. 7. REPORTS. 

17 (a) ANNUAL REPORTS.—The Commission shall sub18 mit to the President and the Congress annual reports on 

19 the revenue and expenditures of the Commission, includ20 ing a list of each gift, bequest, or devise to the Commission 

21 with a value of more than $250, together with the identity 

22 of the donor of each gift, bequest, or devise. 

23 (b) INTERIM REPORTS.—The Commission may sub24 mit to the President and Congress interim reports as the 

25 Commission considers appropriate. 


jbell on PROD1PC69 with BILLS
8 

•HR 5235 RS

1 (c) FINAL REPORT.—Not later than April 30, 2011, 

2 the Commission shall submit a final report to the Presi3 dent and the Congress containing— 

4 (1) a summary of the activities of the Commis5 sion; 

6 (2) a final accounting of funds received and ex7 pended by the Commission; and 

8 (3) the findings, conclusions, and final rec9 ommendations of the Commission. 

10 SEC. 8. TERMINATION. 

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

12 on such date as the Commission may determine after it 

13 submits its final report pursuant to section 7(c), but not 

14 later than May 30, 2011. 

15 (b) FACA NONAPPLICABILITY.—Section 14(b) of the 

16 Federal Advisory Committee Act (5 U.S.C. App. 2) shall 

17 not apply to the Commission. 

18 SEC. 9. ANNUAL AUDIT AND AUTHORIZATION AND AVAIL19 ABILITY OF APPROPRIATIONS. 

20 (a) AUTHORIZATION.—There is authorized to be ap21 propriated $1,000,000 to carry out this Act for the period 

22 encompassing fiscal years 2009 through 2011, but not to 

23 exceed $500,000 in any fiscal year. 

24 (b) AVAILABILITY.— 


jbell on PROD1PC69 with BILLS
9 

•HR 5235 RS

1 (1) Amounts appropriated pursuant to sub2 section (a) are authorized to remain available until 

3 expended. 

4 (2) Amounts appropriated pursuant to sub5 section (a) in excess of $500,000 shall be available 

6 for obligation only to the extent matched by an 

7 equal amount of nongovernmental contributions. 

8 (c) ANNUAL AUDIT.—For any fiscal year for which 

9 the Commission receives an appropriation of funds author10 ized under this section, the Inspector General of the De11 partment of the Interior shall perform an audit of the 

12 Commission, shall make the results of the audit available 

13 to the public, and shall transmit such results to the Com14 mittee on Oversight and Government Reform of the House 

15 of Representatives and the Committee on Homeland Secu16 rity and Governmental Affairs of the Senate. 

17 TITLE II—STAR-SPANGLED BAN18 NER AND WAR OF 1812 BICEN19 TENNIAL COMMISSION ACT 

20 SEC. 201. SHORT TITLE. 

21 This title may be cited as the ‘‘Star-Spangled Banner 

22 and War of 1812 Bicentennial Commission Act’’. 

23 SEC. 202. STAR-SPANGLED BANNER AND WAR OF 1812 BI24 CENTENNIAL COMMISSION. 

25 (a) FINDINGS.—Congress finds that— 


jbell on PROD1PC69 with BILLS
10 

•HR 5235 RS

1 (1) the War of 1812 served as a crucial test for 

2 the United States Constitution and the newly estab3 lished democratic Government; 

4 (2) vast regions of the new multiparty democ5 racy, including the Chesapeake Bay, the Gulf of Mex6 ico and the Niagara Frontier, were affected by the 

7 War of 1812 including the States of Alabama, Con8 necticut, Delaware, Florida, Georgia, Iowa, Illinois, 

9 Indiana, Kentucky, Louisiana, Massachusetts, Mary10 land, Maine, Michigan, Missouri, Mississippi, New 

11 Jersey, North Carolina, New Hampshire, New York, 

12 Ohio, Oregon, Pennsylvania, Rhode Island, South 

13 Carolina, Tennessee, Virginia, Vermont, Wisconsin, 

14 West Virginia, and the District of Columbia; 

15 (3) the British occupation of American territory 

16 along the Great Lakes and in other regions, the burn17 ing of Washington, DC, the American victories at 

18 Fort McHenry, New Orleans, and Plattsburgh, among 

19 other battles, had far reaching effects on American so20 ciety; 

21 (4) at the Battle of Baltimore, Francis Scott Key 

22 wrote the poem that celebrated the flag and later was 

23 titled ‘‘the Star-Spangled Banner’’; 


jbell on PROD1PC69 with BILLS
11 

•HR 5235 RS

1 (5) the poem led to the establishment of the flag 

2 as an American icon and became the words of the na3 tional anthem of the United States in 1932; and 

4 (6) it is in the national interest to provide for 

5 appropriate commemorative activities to maximize 

6 public understanding of the meaning of the War of 

7 1812 in the history of the United States. 

8 (b) PURPOSES.—The purposes of this section are to— 

9 (1) establish the Star-Spangled Banner and War 

10 of 1812 Commemoration Commission; 

11 (2) ensure a suitable national observance of the 

12 War of 1812 by complementing, cooperating with, 

13 and providing assistance to the programs and activi14 ties of the various States involved in the commemora15 tion; 

16 (3) encourage War of 1812 observances that pro17 vide an excellent visitor experience and beneficial 

18 interaction between visitors and the natural and cul19 tural resources of the various War of 1812 sites; 

20 (4) facilitate international involvement in the 

21 War of 1812 observances; 

22 (5) support and facilitate marketing efforts for a 

23 commemorative coin, stamp, and related activities for 

24 the War of 1812 observances; and 


jbell on PROD1PC69 with BILLS
12 

•HR 5235 RS

1 (6) promote the protection of War of 1812 re2 sources and assist in the appropriate development of 

3 heritage tourism and economic benefits to the United 

4 States. 

5 (c) DEFINITIONS.—In this section: 

6 (1) COMMEMORATION.—The term ‘‘commemora7 tion’’ means the commemoration of the War of 1812. 

8 (2) COMMISSION.—The term ‘‘Commission’’ 

9 means the Star-Spangled Banner and War of 1812 

10 Bicentennial Commission established in subsection 

11 (d)(1). 

12 (3) QUALIFIED CITIZEN.—The term ‘‘qualified 

13 citizen’’ means a citizen of the United States with an 

14 interest in, support for, and expertise appropriate to 

15 the commemoration. 

16 (4) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of the Interior. 

18 (5) STATES.—The term ‘‘States’’— 

19 (A) means the States of Alabama, Kentucky, 

20 Indiana, Louisiana, Maryland, Vermont, Vir21 ginia, New York, Maine, Michigan, and Ohio; 

22 and 

23 (B) includes agencies and entities of each 

24 State. 


jbell on PROD1PC69 with BILLS
13 

•HR 5235 RS

1 (d) STAR-SPANGLED BANNER AND WAR OF 1812 COM2 MEMORATION COMMISSION.— 

3 (1) IN GENERAL.—There is established a com4 mission to be known as the ‘‘Star-Spangled Banner 

5 and War of 1812 Bicentennial Commission’’. 

6 (2) MEMBERSHIP.— 

7 (A) IN GENERAL.—The Commission shall be 

8 composed of 22 members, of whom— 

9 (i) 11 members shall be qualified citi10 zens appointed by the Secretary after con11 sideration of nominations submitted by the 

12 Governors of Alabama, Kentucky, Indiana, 

13 Louisiana, Maine, Maryland, Michigan, 

14 New York, Ohio, Vermont, and Virginia; 

15 (ii) 3 members shall be qualified citi16 zens appointed by the Secretary after con17 sideration of nominations submitted by the 

18 Mayors of the District of Columbia, the City 

19 of Baltimore, and the City of New Orleans; 

20 (iii) 2 members shall be employees of 

21 the National Park Service, of whom— 

22 (I) 1 shall be the Director of the 

23 National Park Service (or a designee); 

24 and 


jbell on PROD1PC69 with BILLS
14 

•HR 5235 RS

1 (II) 1 shall be an employee of the 

2 National Park Service having experi3 ence relevant to the commemoration; 

4 (iv) 4 members shall be qualified citi5 zens appointed by the Secretary with con6 sideration of recommendations— 

7 (I) 1 of which are submitted by 

8 the majority leader of the Senate; 

9 (II) 1 of which are submitted by 

10 the minority leader of the Senate; 

11 (III) 1 of which are submitted by 

12 the majority leader of the House of 

13 Representatives; and 

14 (IV) 1 of which are submitted by 

15 the minority leader of the House of 

16 Representatives; 

17 (v) 2 members shall be appointed by 

18 the Secretary from among individuals with 

19 expertise in the history of the War of 1812; 

20 and 

21 (vi) of the 6 members described in 

22 clauses (iv) and (v), a majority of these 

23 members shall be from States not otherwise 

24 represented on the Commission under the 

25 Act and whose citizens played a significant 


jbell on PROD1PC69 with BILLS
15 

•HR 5235 RS

1 role in the War of 1812, including Rhode 

2 Island. 

3 (B) DATE OF APPOINTMENTS.—The ap4 pointment of a member of the Commission shall 

5 be made not later than 120 days after the date 

6 of enactment of this Act. 

7 (3) TERM; VACANCIES.— 

8 (A) TERM.—A member shall be appointed 

9 for the life of the Commission. 

10 (B) VACANCIES.—A vacancy on the Com11 mission— 

12 (i) shall not affect the powers of the 

13 Commission; and 

14 (ii) shall be filled in the same manner 

15 as the original appointment was made. 

16 (4) VOTING.— 

17 (A) IN GENERAL.—The Commission shall 

18 act only on an affirmative vote of a majority of 

19 the members of the Commission. 

20 (B) QUORUM.—A majority of the members 

21 of the Commission shall constitute a quorum. 

22 (5) CHAIRPERSON AND VICE CHAIRPERSON.— 

23 (A) SELECTION.—The Commission shall se24 lect a chairperson and a vice chairperson from 

25 among the members of the Commission. 


jbell on PROD1PC69 with BILLS
16 

•HR 5235 RS

1 (B) ABSENCE OF CHAIRPERSON.—The vice 

2 chairperson shall act as chairperson in the ab3 sence of the chairperson. 

4 (6) INITIAL MEETING.—Not later than 60 days 

5 after the date on which all members of the Commis6 sion have been appointed and funds have been pro7 vided, the Commission shall hold the initial meeting 

8 of the Commission. 

9 (7) MEETINGS.—Not less than twice a year, the 

10 Commission shall meet at the call of the chairperson 

11 or a majority of the members of the Commission. 

12 (8) REMOVAL.—Any member who fails to attend 

13 3 successive meetings of the Commission or who other14 wise fails to participate substantively in the work of 

15 the Commission may be removed by the Secretary and 

16 the vacancy shall be filled in the same manner as the 

17 original appointment was made. Members serve at the 

18 discretion of the Secretary. 

19 (e) DUTIES.— 

20 (1) IN GENERAL.—The Commission shall— 

21 (A) plan, encourage, develop, execute, and 

22 coordinate programs, observances, and activities 

23 commemorating the historic events that preceded 

24 and are associated with the War of 1812; 


jbell on PROD1PC69 with BILLS
17 

•HR 5235 RS

1 (B) facilitate the commemoration through2 out the United States and internationally; 

3 (C) coordinate the activities of the Commis4 sion with State commemoration commissions, the 

5 National Park Service, the Department of De6 fense, and other appropriate Federal agencies; 

7 (D) encourage civic, patriotic, historical, 

8 educational, religious, economic, tourism, and 

9 other organizations throughout the United States 

10 to organize and participate in the commemora11 tion to expand the understanding and apprecia12 tion of the significance of the War of 1812; 

13 (E) provide technical assistance to States, 

14 localities, units of the National Park System, 

15 and nonprofit organizations to further the com16 memoration and commemorative events; 

17 (F) coordinate and facilitate scholarly re18 search on, publication about, and interpretation 

19 of the people and events associated with the War 

20 of 1812; 

21 (G) design, develop, and provide for the 

22 maintenance of an exhibit that will travel 

23 throughout the United States during the com24 memoration period to interpret events of the War 


jbell on PROD1PC69 with BILLS
18 

•HR 5235 RS

1 of 1812 for the educational benefit of the citizens 

2 of the United States; 

3 (H) ensure that War of 1812 commemora4 tions provide a lasting legacy and long-term 

5 public benefit leading to protection of the nat6 ural and cultural resources associated with the 

7 War of 1812; and 

8 (I) examine and review essential facilities 

9 and infrastructure at War of 1812 sites and 

10 identify possible improvements that could be 

11 made to enhance and maximize visitor experi12 ence at the sites. 

13 (2) STRATEGIC PLAN; ANNUAL PERFORMANCE

14 PLANS.—The Commission shall prepare a strategic 

15 plan and annual performance plans for any activity 

16 carried out by the Commission under this section. 

17 (3) REPORTS.— 

18 (A) ANNUAL REPORT.—The Commission 

19 shall submit to Congress an annual report that 

20 contains a list of each gift, bequest, or devise to 

21 the Commission with a value of more than $250, 

22 together with the identity of the donor of each 

23 gift, bequest, or devise. 

24 (B) FINAL REPORT.—Not later than Sep25 tember 30, 2015, the Commission shall submit to 


jbell on PROD1PC69 with BILLS
19 

•HR 5235 RS

1 the Secretary and Congress a final report that 

2 includes— 

3 (i) a summary of the activities of the 

4 Commission; 

5 (ii) a final accounting of any funds re6 ceived or expended by the Commission; and 

7 (iii) the final disposition of any his8 torically significant items acquired by the 

9 Commission and other properties not pre10 viously reported. 

11 (f) POWERS.— 

12 (1) IN GENERAL.—The Commission may— 

13 (A) solicit, accept, use, and dispose of gifts 

14 or donations of money, services, and real and 

15 personal property related to the commemoration 

16 in accordance with Department of the Interior 

17 and National Park Service written standards for 

18 accepting gifts from outside sources; 

19 (B) appoint such advisory committees as 

20 the Commission determines to be necessary to 

21 carry out this section; 

22 (C) authorize any member or employee of 

23 the Commission to take any action the Commis24 sion is authorized to take under this section; 


jbell on PROD1PC69 with BILLS
20 

•HR 5235 RS

1 (D) use the United States mails in the same 

2 manner and under the same conditions as other 

3 agencies of the Federal Government; and 

4 (E) make grants to communities, nonprofit, 

5 commemorative commissions or organizations, 

6 and research and scholarly organizations to de7 velop programs and products to assist in re8 searching, publishing, marketing, and distrib9 uting information relating to the commemora10 tion. 

11 (2) LEGAL AGREEMENTS.— 

12 (A) IN GENERAL.—In carrying out this sec13 tion, the Commission may— 

14 (i) procure supplies, services, and 

15 property; and 

16 (ii) make or enter into contracts, 

17 leases, or other legal agreements. 

18 (B) LENGTH.—Any contract, lease, or other 

19 legal agreement made or entered into by the 

20 Commission shall not extend beyond the date of 

21 termination of the Commission. 

22 (3) INFORMATION FROM FEDERAL AGENCIES.— 

23 (A) IN GENERAL.—The Commission may se24 cure directly from a Federal agency such inforVerDate Aug 31 2005 03:26 Sep 16, 2008 Jkt 069200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6203 E:\BILLS\H5235.RS H5235

jbell on PROD1PC69 with BILLS
21 

•HR 5235 RS

1 mation as the Commission considers necessary to 

2 carry out this section. 

3 (B) PROVISION OF INFORMATION.—On re4 quest of the Chairperson of the Commission, the 

5 head of the agency shall provide the information 

6 to the Commission in accordance with applicable 

7 laws. 

8 (4) FACA NONAPPLICABILITY.—Section 14(b) of 

9 the Federal Advisory Committee Act (5 U.S.C. App.) 

10 shall not apply to the Commission. 

11 (5) NO EFFECT ON AUTHORITY.—Nothing in this 

12 section supersedes the authority of the States or the 

13 National Park Service concerning the commemora14 tion. 

15 (g) PERSONNEL MATTERS.— 

16 (1) MEMBERS OF THE COMMISSION.— 

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

18 paragraph (3)(A), a member of the Commission 

19 shall serve without compensation. 

20 (B) TRAVEL EXPENSES.—A member of the 

21 Commission shall be allowed travel expenses, in22 cluding per diem in lieu of subsistence, at rates 

23 authorized for an employee of an agency under 

24 subchapter I of chapter 57 of title 5, United 

25 States Code, while away from the home or regVerDate Aug 31 2005 03:26 Sep 16, 2008 Jkt 069200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6203 E:\BILLS\H5235.RS H5235

jbell on PROD1PC69 with BILLS
22 

•HR 5235 RS

1 ular place of business of the member in the per2 formance of the duties of the Commission. 

3 (C) STATUS.—A member of the Commis4 sion, who is not otherwise a Federal employee, 

5 shall be considered a Federal employee only for 

6 purposes of the provisions of law related to eth7 ics, conflicts of interest, corruption, and any 

8 other criminal or civil statute or regulation gov9 erning the conduct of Federal employees. 

10 (2) EXECUTIVE DIRECTOR AND OTHER STAFF.— 

11 (A) IN GENERAL.—The Chairperson of the 

12 Commission may, without regard to the provi13 sions of title 5, United States Code, governing 

14 appointments in the competitive service and ter15 mination of employees (including regulations), 

16 appoint and terminate an executive director, 

17 subject to confirmation by the Commission, and 

18 appoint and terminate such other additional 

19 personnel as are necessary to enable the Commis20 sion to perform the duties of the Commission. 

21 (B) STATUS.—The Executive Director and 

22 other staff appointed under this paragraph shall 

23 be considered Federal employees under section 

24 2105 of title 5, United States Code, notwith25 standing the requirements of such section. 


jbell on PROD1PC69 with BILLS
23 

•HR 5235 RS

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

3 shall be subject to confirmation by the Commis4 sion. 

5 (D) COMPENSATION.— 

6 (i) IN GENERAL.—Except as provided 

7 in clause (ii), the Chairperson of the Com8 mission may fix the compensation of the ex9 ecutive director and other personnel without 

10 regard to the provisions of chapter 51 and 

11 subchapter III of chapter 53 of title 5, 

12 United States Code, relating to classifica13 tion of positions and General Schedule pay 

14 rates. 

15 (ii) MAXIMUM RATE OF PAY.—The rate 

16 of basic pay for the executive director and 

17 other personnel shall not exceed the rate 

18 payable for level V of the Executive Sched19 ule under section 5316 of title 5, United 

20 States Code. 

21 (3) GOVERNMENT EMPLOYEES.— 

22 (A) FEDERAL EMPLOYEES.— 

23 (i) SERVICE ON COMMISSION.—A mem24 ber of the Commission who is an officer or 

25 employee of the Federal Government shall 


jbell on PROD1PC69 with BILLS
24 

•HR 5235 RS

1 serve without compensation in addition to 

2 the compensation received for the services of 

3 the member as an officer or employee of the 

4 Federal Government. 

5 (ii) DETAIL.—At the request of the 

6 Commission, the head of any Federal agen7 cy may detail, on a reimbursable or non8 reimbursable basis, any of the personnel of 

9 the agency to the Commission to assist the 

10 Commission in carrying out the duties of 

11 the Commission under this section. 

12 (iii) CIVIL SERVICE STATUS.—Notwith13 standing any other provisions in this sub14 section, Federal employees who serve on the 

15 Commission, are detailed to the Commis16 sion, or otherwise provide services under 

17 this section, shall continue to be Federal 

18 employees for the purpose of any law spe19 cific to Federal employees, without inter20 ruption or loss of civil service status or 

21 privilege. 

22 (B) STATE EMPLOYEES.—The Commission 

23 may— 

24 (i) accept the services of personnel de25 tailed from States (including subdivisions of 


jbell on PROD1PC69 with BILLS
25 

•HR 5235 RS

1 States) under subchapter VI of chapter 33 of 

2 title 5, United States Code; and 

3 (ii) reimburse States for services of de4 tailed personnel. 

5 (4) MEMBERS OF ADVISORY COMMITTEES.— 

6 Members of advisory committees appointed under sub7 section (f)(1)(B)— 

8 (A) shall not be considered employees of the 

9 Federal Government by reason of service on the 

10 committees for the purpose of any law specific to 

11 Federal employees, except for the purposes of 

12 chapter 11 of title 18, United States Code, relat13 ing to conflicts of interest; and 

14 (B) may be paid travel expenses, including 

15 per diem in lieu of subsistence, at rates author16 ized for an employee of an agency under sub17 chapter I of chapter 57 of title 5, United States 

18 Code, while away from the home or regular place 

19 of business of the member in the performance of 

20 the duties of the committee. 

21 (5) VOLUNTEER AND UNCOMPENSATED SERV22 ICES.—Notwithstanding section 1342 of title 31, 

23 United States Code, the Commission may accept and 

24 use such voluntary and uncompensated services as the 

25 Commission determines necessary. 


jbell on PROD1PC69 with BILLS
26 

•HR 5235 RS

1 (6) SUPPORT SERVICES.—The Director of the 

2 National Park Service shall provide to the Commis3 sion, on a reimbursable basis, such administrative 

4 support services as the Commission may request. 

5 (7) PROCUREMENT OF TEMPORARY AND INTER6 MITTENT SERVICES.—The Chairperson of the Com7 mission may employ experts and consultants on a 

8 temporary or intermittent basis in accordance with 

9 section 3109(b) of title 5, United States Code, at rates 

10 for individuals that do not exceed the daily equivalent 

11 of the annual rate of basic pay prescribed for level V 

12 of the Executive Schedule under section 5316 of that 

13 title. Such personnel shall be considered Federal em14 ployees under section 2105 of title 5, United States 

15 Code, notwithstanding the requirements of such sec16 tion. 

17 (h) AUTHORIZATION OF APPROPRIATIONS.— 

18 (1) IN GENERAL.—There are authorized to be ap19 propriated to carry out this section not to exceed 

20 $500,000 for each of fiscal years 2008 through 2015. 

21 (2) AVAILABILITY OF FUNDS.—Amounts appro22 priated under this subsection for any fiscal year shall 

23 remain available until December 31, 2015. 

24 (i) TERMINATION OF COMMISSION.— 


jbell on PROD1PC69 with BILLS
27 

•HR 5235 RS

1 (1) IN GENERAL.—The Commission shall termi2 nate on December 31, 2015. 

3 (2) TRANSFER OF MATERIALS.—Not later than 

4 the date of termination, the Commission shall transfer 

5 any documents, materials, books, manuscripts, mis6 cellaneous printed matter, memorabilia, relics, exhib7 its, and any materials donated to the Commission 

8 that relate to the War of 1812, to Fort McHenry Na9 tional Monument and Historic Shrine. 

10 (3) DISPOSITION OF FUNDS.—Any funds held by 

11 the Commission on the date of termination shall be 

12 deposited in the general fund of the Treasury. 

13 (4) ANNUAL AUDIT.—The Inspector General of 

14 the Department of the Interior shall perform an an15 nual audit of the Commission, shall make the results 

16 of the audit available to the public, and shall trans17 mit such results to the Committee on Oversight and 

18 Government Reform of the House of Representatives 

19 and the Committee on the Judiciary of the Senate. 


jbell on PROD1PC69 with BILLS
Calendar No. 965 

110TH CONGRESS 

2D SESSION H. R. 5235 

AN ACT 

To establish the Ronald Reagan Centennial 

Commission. 

SEPTEMBER 15, 2008 

Reported with an amendment 


jbell on PROD1PC69 with BILLS