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Calendar No. 157 

110TH CONGRESS 

1ST SESSION S. 1079 

To establish the Star-Spangled Banner and War of 1812 Bicentennial 

Commission, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 10, 2007 

Mr. CARDIN (for himself, Mr. WARNER, Mr. WEBB, Mrs. CLINTON, Ms. MIKULSKI, Mr. KENNEDY, Ms. LANDRIEU, Mr. LEVIN, and Mr. BROWN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

MAY 21, 2007 

Reported by Mr. LEAHY, with amendments 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

To establish the Star-Spangled Banner and War of 1812 

Bicentennial Commission, and for other purposes. 

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 ‘‘Star-Spangled Banner 

5 and War of 1812 Bicentennial Commission Act’’. 

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1 SEC. 2. FINDINGS AND PURPOSE. 

2 (a) FINDINGS.—Congress finds that— 

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

4 the United States Constitution and the newly estab5 lished democratic Government; 

6 (2) vast regions of the new multi-party democ7 racy, including the Chesapeake Bay, the Gulf of 

8 Mexico and the Niagara Frontier, were affected by 

9 the War of 1812 including the States of Alabama, 

10 Connecticut, Delaware, Florida, Georgia, Iowa, Illi11 nois, Indiana, Kentucky, Louisiana, Massachusetts, 

12 Maryland, Maine, Michigan, Missouri, Mississippi, 

13 New Jersey, North Carolina, New Hampshire, New 

14 York, Ohio, Oregon, Pennsylvania, Rhode Island, 

15 South Carolina, Tennessee, Virginia, Vermont, Wis16 consin, West Virginia, and the District of Columbia; 

17 (3) the British occupation of American territory 

18 along the Great Lakes and in other regions, the 

19 burning of Washington, DC, the American victories 

20 at Fort McHenry, New Orleans, and Plattsburgh, 

21 among other battles, had far reaching effects on 

22 American society; 

23 (4) at the Battle of Baltimore, Francis Scott 

24 Key wrote the poem that celebrated the flag and 

25 later was titled ‘‘the Star-Spangled Banner’’; 

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

2 flag as an American icon and became the words of 

3 the national anthem of the United States in 1932; 

4 and 

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

6 appropriate commemorative activities to maximize 

7 public understanding of the meaning of the War of 

8 1812 in the history of the United States. 

9 (b) PURPOSES.—The purposes of this Act are to— 

10 (1) establish the Star-Spangled Banner and 

11 War of 1812 Commemoration Commission; 

12 (2) ensure a suitable national observance of the 

13 War of 1812 by complementing, cooperating with, 

14 and providing assistance to the programs and activi15 ties of the various States involved in the commemo16 ration; 

17 (3) encourage War of 1812 observances that 

18 provide an excellent visitor experience and beneficial 

19 interaction between visitors and the natural and cul20 tural resources of the various War of 1812 sites; 

21 (4) facilitate international involvement in the 

22 War of 1812 observances; 

23 (5) support and facilitate marketing efforts for 

24 a commemorative coin, stamp, and related activities 

25 for the War of 1812 observances; and 

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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 

4 United States. 

5 SEC. 3. DEFINITIONS. 

6 In this Act: 

7 (1) COMMEMORATION.—The term ‘‘commemo8 ration’’ means the commemoration of the War of 

9 1812. 

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

11 means the Star-Spangled Banner and War of 1812 

12 Bicentennial Commission established in section 4(a). 

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

14 citizen’’ means a citizen of the United States with 

15 an interest in, support for, and expertise appropriate 

16 to the commemoration. 

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

18 the Secretary of the Interior. 

19 (5) STATES.—The term ‘‘States’’— 

20 (A) means the States of Alabama, Ken21 tucky, Indiana, Louisiana, Maryland, Vermont, 

22 Virginia, New York, Maine, Michigan, and 

23 Ohio; and 

24 (B) includes agencies and entities of each 

25 State. 

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1 SEC. 4. STAR-SPANGLED BANNER AND WAR OF 1812 COM2 MEMORATION COMMISSION. 

3 (a) IN GENERAL.—There is established a commission 

4 to be known as the ‘‘Star-Spangled Banner and War of 

5 1812 Bicentennial Commission’’. 

6 (b) MEMBERSHIP.— 

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

8 composed of 22 members, of whom— 

9 (A) 11 members shall be qualified citizens 

10 appointed by the Secretary after consideration 

11 of nominations submitted by the Governors of 

12 Alabama, Kentucky, Indiana, Louisiana, Maine, 

13 Maryland, Michigan, New York, Ohio, Vermont, 

14 and Virginia; 

15 (B) 3 members shall be qualified citizens 

16 appointed by the Secretary after consideration 

17 of nominations submitted by the Mayors of the 

18 District of Columbia, the City of Baltimore, and 

19 the City of New Orleans; 

20 (C) 2 members shall be employees of the 

21 National Park Service, of whom— 

22 (i) 1 shall be the Director of the Na23 tional Park Service (or a designee); and 

24 (ii) 1 shall be an employee of the Na25 tional Park Service having experience rel26 evant to the commemoration; 

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1 (D) 4 members shall be qualified citizens 

2 appointed by the Secretary with consideration 

3 of recommendations— 

4 (i) 1 of which are submitted by the 

5 majority leader of the Senate; 

6 (ii) 1 of which are submitted by the 

7 minority leader of the Senate; 

8 (iii) 1 of which are submitted by the 

9 majority leader of the House of Represent10 atives; 

11 (iv) 1 of which are submitted by the 

12 minority leader of the House of Represent13 atives; and 

14 (E) 2 members shall be appointed by the 

15 Secretary from among individuals with exper16 tise in the history of the War of 1812. 

17 (2) DATE OF APPOINTMENTS.—The appoint18 ment of a member of the Commission shall be made 

19 not later than 120 days after the date of enactment 

20 of this Act. 

21 (c) TERM; VACANCIES.— 

22 (1) TERM.—A member shall be appointed for 

23 the life of the Commission. 

24 (2) VACANCIES.—A vacancy on the Commis25 sion— 

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1 (A) shall not affect the powers of the Com2 mission; and 

3 (B) shall be filled in the same manner as 

4 the original appointment was made. 

5 (d) VOTING.— 

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

7 only on an affirmative vote of a majority of the 

8 members of the Commission. 

9 (2) QUORUM.—A majority of the members of 

10 the Commission shall constitute a quorum. 

11 (e) CHAIRPERSON AND VICE CHAIRPERSON.— 

12 (1) SELECTION.—The Commission shall select 

13 a chairperson and a vice chairperson from among 

14 the members of the Commission. 

15 (2) ABSENCE OF CHAIRPERSON.—The vice 

16 chairperson shall act as chairperson in the absence 

17 of the chairperson. 

18 (f) INITIAL MEETING.—Not later than 60 days after 

19 the date on which all members of the Commission have 

20 been appointed and funds have been provided, the Com21 mission shall hold the initial meeting of the Commission. 

22 (g) MEETINGS.—Not less than twice a year, the Com23 mission shall meet at the call of the chairperson or a ma24 jority of the members of the Commission. 

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1 (h) REMOVAL.—Any member who fails to attend 3 

2 successive meetings of the Commission or who otherwise 

3 fails to participate substantively in the work of the Com4 mission may be removed by the Secretary and the vacancy 

5 shall be filled in the same manner as the original appoint6 ment was made. Members serve at the discretion of the 

7 Secretary. 

8 SEC. 5. DUTIES. 

9 (a) IN GENERAL.—The Commission shall— 

10 (1) plan, encourage, develop, execute, and co11 ordinate programs, observances, and activities com12 memorating the historic events that preceded and 

13 are associated with the War of 1812; 

14 (2) facilitate the commemoration throughout 

15 the United States and internationally; 

16 (3) coordinate the activities of the Commission 

17 with State commemoration commissions, the Na18 tional Park Service, the Department of Defense, and 

19 other appropriate Federal agencies; 

20 (4) encourage civic, patriotic, historical, edu21 cational, religious, economic, tourism, and other or22 ganizations throughout the United States to orga23 nize and participate in the commemoration to ex24 pand the understanding and appreciation of the sig25 nificance of the War of 1812; 

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1 (5) provide technical assistance to States, local2 ities, units of the National Park System, and non3 profit organizations to further the commemoration 

4 and commemorative events; 

5 (6) coordinate and facilitate scholarly research 

6 on, publication about, and interpretation of the peo7 ple and events associated with the War of 1812; 

8 (7) design, develop, and provide for the mainte9 nance of an exhibit that will travel throughout the 

10 United States during the commemoration period to 

11 interpret events of the War of 1812 for the edu12 cational benefit of the citizens of the United States; 

13 (8) ensure that War of 1812 commemorations 

14 provide a lasting legacy and long-term public benefit 

15 leading to protection of the natural and cultural re16 sources associated with the War of 1812; and 

17 (9) examine and review essential facilities and 

18 infrastructure at War of 1812 sites and identify pos19 sible improvements that could be made to enhance 

20 and maximize visitor experience at the sites. 

21 (b) STRATEGIC PLAN; ANNUAL PERFORMANCE

22 PLANS.—The Commission shall prepare a strategic plan 

23 and annual performance plans for any activity carried out 

24 by the Commission under this Act. 

25 (c) REPORTS.— 

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1 (1) ANNUAL REPORT.—The Commission shall 

2 submit to Congress an annual report that contains 

3 a list of each gift, bequest, or devise to the Commis4 sion with a value of more than $250, together with 

5 the identity of the donor of each gift, bequest, or de6 vise. 

7 (2) FINAL REPORT.—Not later than September 

8 30, 2015, the Commission shall submit to the Sec9 retary and Congress a final report that includes— 

10 (A) a summary of the activities of the 

11 Commission; 

12 (B) a final accounting of any funds re13 ceived or expended by the Commission; and 

14 (C) the final disposition of any historically 

15 significant items acquired by the Commission 

16 and other properties not previously reported. 

17 SEC. 6. POWERS. 

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

19 (1) solicit, accept, use, and dispose of gifts or 

20 donations of money, services, and real and personal 

21 property related to the commemoration in accord22 ance with Department of the Interior and National 

23 Park Service written standards for accepting gifts 

24 from outside sources; 

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1 (2) appoint such advisory committees as the 

2 Commission determines to be necessary to carry out 

3 this Act; 

4 (3) authorize any member or employee of the 

5 Commission to take any action the Commission is 

6 authorized to take under this Act; 

7 (4) use the United States mails in the same 

8 manner and under the same conditions as other 

9 agencies of the Federal Government; and 

10 (5) make grants to communities, nonprofit, 

11 commemorative commissions or organizations, and 

12 research and scholarly organizations to develop pro13 grams and products to assist in researching, pub14 lishing, marketing, and distributing information re15 lating to the commemoration. 

16 (b) LEGAL AGREEMENTS.— 

17 (1) IN GENERAL.—In carrying out this Act, the 

18 Commission may— 

19 (A) procure supplies, services, and prop20 erty; and 

21 (B) make or enter into contracts, leases, or 

22 other legal agreements. 

23 (2) LENGTH.—Any contract, lease, or other 

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1 mission shall not extend beyond the date of termi2 nation of the Commission. 

3 (c) INFORMATION FROM FEDERAL AGENCIES.— 

4 (1) IN GENERAL.—The Commission may secure 

5 directly from a Federal agency such information as 

6 the Commission considers necessary to carry out this 

7 Act. 

8 (2) PROVISION OF INFORMATION.—On request 

9 of the Chairperson of the Commission, the head of 

10 the agency shall provide the information to the Com11 mission in accordance with applicable laws. 

12 (d) FACA APPLICATION.—The Federal Advisory 

13 Committee Act (5 U.S.C. App.)— 

14 (1) shall not apply to the Commission; and 

15 (2) shall apply to advisory committees estab16 lished under subsection (a)(2). 

17 (d) FACA NONAPPLICABILITY.—Section 14(b) of the 

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

19 apply to the Commission. 

20 (e) NO EFFECT ON AUTHORITY.—Nothing in this 

21 Act supersedes the authority of the States or the National 

22 Park Service concerning the commemoration. 

23 SEC. 7. PERSONNEL MATTERS. 

24 (a) MEMBERS OF THE COMMISSION.— 

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1 (1) IN GENERAL.—Except as provided in sub2 section (c)(1)(A), a member of the Commission shall 

3 serve without compensation. 

4 (2) TRAVEL EXPENSES.—A member of the 

5 Commission shall be allowed travel expenses, includ6 ing per diem in lieu of subsistence, at rates author7 ized for an employee of an agency under subchapter 

8 I of chapter 57 of title 5, United States Code, while 

9 away from the home or regular place of business of 

10 the member in the performance of the duties of the 

11 Commission. 

12 (3) STATUS.—A member of the Commission, 

13 who is not otherwise a Federal employee, shall be 

14 considered a Federal employee only for purposes of 

15 the provisions of law related to ethics, conflicts of in16 terest, corruption, and any other criminal or civil 

17 statute or regulation governing the conduct of Fed18 eral employees. 

19 (b) EXECUTIVE DIRECTOR AND OTHER STAFF.— 

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

21 Commission may, without regard to the provisions of 

22 title 5, United States Code, governing appointments 

23 in the competitive service and termination of employ24 ees (including regulations), appoint and terminate 

25 an executive director, subject to confirmation by the 

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1 Commission, and appoint and terminate such other 

2 additional personnel as are necessary to enable the 

3 Commission to perform the duties of the Commis4 sion. 

5 (2) STATUS.—The Executive Director and other 

6 staff appointed under this subsection shall be consid7 ered Federal employees under section 2105 of title 

8 5, United States Code, notwithstanding the require9 ments of such section. 

10 (3) CONFIRMATION OF EXECUTIVE DIREC11 TOR.—The employment of an executive director shall 

12 be subject to confirmation by the Commission. 

13 (4) COMPENSATION.— 

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

15 subparagraph (B), the Chairperson of the Com16 mission may fix the compensation of the execu17 tive director and other personnel without regard 

18 to the provisions of chapter 51 and subchapter 

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

20 relating to classification of positions and Gen21 eral Schedule pay rates. 

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

23 basic pay for the executive director and other 

24 personnel shall not exceed the rate payable for 

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1 level V of the Executive Schedule under section 

2 5316 of title 5, United States Code. 

3 (c) GOVERNMENT EMPLOYEES.— 

4 (1) FEDERAL EMPLOYEES.— 

5 (A) SERVICE ON COMMISSION.—A member 

6 of the Commission who is an officer or em7 ployee of the Federal Government shall serve 

8 without compensation in addition to the com9 pensation received for the services of the mem10 ber as an officer or employee of the Federal 

11 Government. 

12 (B) DETAIL.—At the request of the Com13 mission, the head of any Federal agency may 

14 detail, on a reimbursable or nonreimbursable 

15 basis, any of the personnel of the agency to the 

16 Commission to assist the Commission in car17 rying out the duties of the Commission under 

18 this Act. 

19 (C) CIVIL SERVICE STATUS.—Notwith20 standing any other provisions in this section, 

21 Federal employees who serve on the Commis22 sion, are detailed to the Commission, or other23 wise provide services under the Act, shall con24 tinue to be Federal employees for the purpose 

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1 out interruption or loss of civil service status or 

2 privilege. 

3 (2) STATE EMPLOYEES.—The Commission 

4 may— 

5 (A) accept the services of personnel de6 tailed from States (including subdivisions of 

7 States) under subchapter VI of chapter 33 of 

8 title 5, United States Code; and 

9 (B) reimburse States for services of de10 tailed personnel. 

11 (d) MEMBERS OF ADVISORY COMMITTEES.—Mem12 bers of advisory committees appointed under section 

13 6(a)(2)— 

14 (1) shall not be considered employees of the 

15 Federal Government by reason of service on the 

16 committees for the purpose of any law specific to 

17 Federal employees, except for the purposes of chap18 ter 11 of title 18, United States Code, relating to 

19 conflicts of interest; and 

20 (2) may be paid travel expenses, including per 

21 diem in lieu of subsistence, at rates authorized for 

22 an employee of an agency under subchapter I of 

23 chapter 57 of title 5, United States Code, while 

24 away from the home or regular place of business of 

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1 the member in the performance of the duties of the 

2 committee. 

3 (e) VOLUNTEER AND UNCOMPENSATED SERVICES.— 

4 Notwithstanding section 1342 of title 31, United States 

5 Code, the Commission may accept and use such voluntary 

6 and uncompensated services as the Commission deter7 mines necessary. 

8 (f) SUPPORT SERVICES.—The Director of the Na9 tional Park Service shall provide to the Commission, on 

10 a reimbursable basis, such administrative support services 

11 as the Commission may request. 

12 (g) PROCUREMENT OF TEMPORARY AND INTERMIT13 TENT SERVICES.—The Chairperson of the Commission 

14 may employ experts and consultants on a temporary or 

15 intermittent basis in accordance with section 3109(b) of 

16 title 5, United States Code, at rates for individuals that 

17 do not exceed the daily equivalent of the annual rate of 

18 basic pay prescribed for level V of the Executive Schedule 

19 under section 5316 of that title. Such personnel shall be 

20 considered Federal employees under section 2105 of title 

21 5, United States Code, notwithstanding the requirements 

22 of such section. 

23 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

24 (a) IN GENERAL.—There are authorized to be appro25 priated to carry out this Act such sums as are necessary 

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1 not to exceed $500,000 for each of fiscal years 2008 

2 through 2015. 

3 (b) AVAILABILITY OF FUNDS.—Amounts appro4 priated under this section for any fiscal year shall remain 

5 available until December 31, 2015. 

6 SEC. 9. TERMINATION OF COMMISSION. 

7 (a) IN GENERAL.—The Commission shall terminate 

8 on December 31, 2015. 

9 (b) TRANSFER OF MATERIALS.—Not later than the 

10 date of termination, the Commission shall transfer any 

11 documents, materials, books, manuscripts, miscellaneous 

12 printed matter, memorabilia, relics, exhibits, and any ma13 terials donated to the Commission that relate to the War 

14 of 1812, to Fort McHenry National Monument and His15 toric Shrine. 

16 (c) DISPOSITION OF FUNDS.—Any funds held by the 

17 Commission on the date of termination shall be deposited 

18 in the general fund of the Treasury. 

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Calendar No. 157 

110TH CONGRESS 

1ST SESSION S. 1079 

A BILL 

To establish the Star-Spangled Banner and War of 

purposes. 1812 Bicentennial Commission, and for other 

MAY 21, 2007 

Reported with amendments 

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