I 

110TH CONGRESS 

1ST SESSION H. R. 1389 

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

Commission, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 7, 2007 

Mr. SARBANES (for himself, Mr. HOYER, Mr. CUMMINGS, Mr. GILCHREST, 

Mr. WYNN, Mr. RUPPERSBERGER, Mr. VAN HOLLEN, Mrs. JO ANN

DAVIS of Virginia, Mr. DAVIS of Kentucky, Mr. HIGGINS, Mr. STUPAK, 

Mr. DINGELL, Mr. MCHUGH, Ms. NORTON, Mr. MCCOTTER, and Mr. 

MORAN of Virginia) introduced the following bill; which was referred to 

the Committee on Oversight and Government Reform 

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’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—Congress finds that— 


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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 multi-party democ5 racy, including the Chesapeake Bay, the Gulf of 

6 Mexico and the Niagara Frontier, were affected by 

7 the War of 1812 including the States of Alabama, 

8 Connecticut, Delaware, Florida, Georgia, Iowa, Illi9 nois, Indiana, Kentucky, Louisiana, Massachusetts, 

10 Maryland, Maine, Michigan, Missouri, Mississippi, 

11 New Jersey, North Carolina, New Hampshire, New 

12 York, Ohio, Oregon, Pennsylvania, Rhode Island, 

13 South Carolina, Tennessee, Virginia, Vermont, Wis14 consin, 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 

17 burning of Washington, D.C., the American victories 

18 at Fort McHenry, New Orleans, and Plattsburgh, 

19 among other battles, had far reaching effects on 

20 American society; 

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

22 Key wrote the poem that celebrated the flag and 

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

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

25 flag as an American icon and became the words of 


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1 the national anthem of the United States in 1932; 

2 and 

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

4 appropriate commemorative activities to maximize 

5 public understanding of the meaning of the War of 

6 1812 in the history of the United States. 

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

8 (1) establish the Star-Spangled Banner and 

9 War of 1812 Commemoration Commission; 

10 (2) ensure a suitable national observance of the 

11 War of 1812 by complementing, cooperating with, 

12 and providing assistance to the programs and activi13 ties of the various States involved in the commemo14 ration; 

15 (3) encourage War of 1812 observances that 

16 provide an excellent visitor experience and beneficial 

17 interaction between visitors and the natural and cul18 tural resources of the various War of 1812 sites; 

19 (4) facilitate international involvement in the 

20 War of 1812 observances; 

21 (5) support and facilitate marketing efforts for 

22 a commemorative coin, stamp, and related activities 

23 for the War of 1812 observances; and 

24 (6) promote the protection of War of 1812 re25 sources and assist in the appropriate development of 


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1 heritage tourism and economic benefits to the 

2 United States. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

5 (1) COMMEMORATION.—The term ‘‘commemo6 ration’’ means the commemoration of the War of 

7 1812. 

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

9 means the Star-Spangled Banner and War of 1812 

10 Bicentennial Commission established in section 4(a). 

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

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

13 an interest in, support for, and expertise appropriate 

14 to the commemoration. 

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

16 the Secretary of the Interior. 

17 (5) STATES.—The term ‘‘States’’— 

18 (A) means the States of Alabama, Ken19 tucky, Indiana, Louisiana, Maryland, Virginia, 

20 New York, Maine, Michigan, and Ohio; and 

21 (B) includes agencies and entities of each 

22 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 21 members, of whom— 

9 (A) 3 members shall be qualified citizens 

10 appointed by the Secretary after consideration 

11 of nominations submitted by the Governors of 

12 Maryland, Louisiana, and Virginia; 

13 (B) 7 members shall be qualified citizens 

14 appointed by the Secretary after consideration 

15 of nominations submitted by the Governors of 

16 Alabama, Kentucky, Indiana, New York, Maine, 

17 Michigan and Ohio; 

18 (C) 3 members shall be qualified citizens 

19 appointed by the Secretary after consideration 

20 of nominations submitted by the Mayors of the 

21 District of Columbia, the City of Baltimore, and 

22 the City of New Orleans; 

23 (D) 2 members shall be employees of the 

24 National Park Service, of whom— 

25 (i) 1 shall be the Director of the Na26 tional Park Service (or a designee); and 


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1 (ii) 1 shall be an employee of the Na2 tional Park Service having experience rel3 evant to the commemoration; 

4 (E) 4 members shall be qualified citizens 

5 appointed by the Secretary with consideration 

6 of recommendations— 

7 (i) 1 of which are submitted by the 

8 majority leader of the Senate; 

9 (ii) 1 of which are submitted by the 

10 minority leader of the Senate; 

11 (iii) 1 of which are submitted by the 

12 majority leader of the House of Represent13 atives; 

14 (iv) 1 of which are submitted by the 

15 minority leader of the House of Represent16 atives; and 

17 (F) 2 members shall be appointed by the 

18 Secretary from among individuals with exper19 tise in the history of the War of 1812. 

20 (2) DATE OF APPOINTMENTS.—The appoint21 ment of a member of the Commission shall be made 

22 not later than 120 days after the date of enactment 

23 of this Act. 

24 (c) TERM; VACANCIES.— 


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

2 the life of the Commission. 

3 (2) VACANCIES.—A vacancy on the Commis4 sion— 

5 (A) shall not affect the powers of the Com6 mission; and 

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

8 the original appointment was made. 

9 (d) VOTING.— 

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

11 only on an affirmative vote of a majority of the 

12 members of the Commission. 

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

14 the Commission shall constitute a quorum. 

15 (e) CHAIRPERSON AND VICE CHAIRPERSON.— 

16 (1) SELECTION.—The Commission shall select 

17 a chairperson and a vice chairperson from among 

18 the members of the Commission. 

19 (2) ABSENCE OF CHAIRPERSON.—The vice 

20 chairperson shall act as chairperson in the absence 

21 of the chairperson. 

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

23 the date on which all members of the Commission have 

24 been appointed and funds have been provided, the Com25 mission shall hold the initial meeting of the Commission. 


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1 (g) MEETINGS.—Not less than twice a year, the Com2 mission shall meet at the call of the chairperson or a ma3 jority of the members of the Commission. 

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

5 successive meetings of the Commission or who otherwise 

6 fails to participate substantively in the work of the Com7 mission may be removed by the Secretary and the vacancy 

8 shall be filled in the same manner as the original appoint9 ment was made. Members serve at the discretion of the 

10 Secretary. 

11 SEC. 5. DUTIES. 

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

13 (1) plan, encourage, develop, execute, and co14 ordinate programs, observances, and activities com15 memorating the historic events that preceded and 

16 are associated with the War of 1812; 

17 (2) facilitate the commemoration throughout 

18 the United States and internationally; 

19 (3) coordinate the activities of the Commission 

20 with State commemoration commissions, the Na21 tional Park Service, the Department of Defense, and 

22 other appropriate Federal agencies; 

23 (4) encourage civic, patriotic, historical, edu24 cational, religious, economic, tourism, and other or25 ganizations throughout the United States to orgaVerDate Aug 31 2005 19:10 Mar 10, 2007 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1389.IH H1389

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1 nize and participate in the commemoration to ex2 pand the understanding and appreciation of the sig3 nificance of the War of 1812; 

4 (5) provide technical assistance to States, local5 ities, units of the National Park System, and non6 profit organizations to further the commemoration 

7 and commemorative events; 

8 (6) coordinate and facilitate scholarly research 

9 on, publication about, and interpretation of the peo10 ple and events associated with the War of 1812; 

11 (7) design, develop, and provide for the mainte12 nance of an exhibit that will travel throughout the 

13 United States during the commemoration period to 

14 interpret events of the War of 1812 for the edu15 cational benefit of the citizens of the United States; 

16 (8) ensure that War of 1812 commemorations 

17 provide a lasting legacy and long-term public benefit 

18 leading to protection of the natural and cultural re19 sources associated with the War of 1812; and 

20 (9) examine and review essential facilities and 

21 infrastructure at War of 1812 sites and identify pos22 sible improvements that could be made to enhance 

23 and maximize visitor experience at the sites. 

24 (b) STRATEGIC PLAN; ANNUAL PERFORMANCE

25 PLANS.—The Commission shall prepare a strategic plan 


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1 and annual performance plans for any activity carried out 

2 by the Commission under this Act. 

3 (c) REPORTS.— 

4 (1) ANNUAL REPORT.—The Commission shall 

5 submit to Congress an annual report that contains 

6 a list of each gift, bequest, or devise to the Commis7 sion with a value of more than $250, together with 

8 the identity of the donor of each gift, bequest, or de9 vise. 

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

11 30, 2015, the Commission shall submit to the Sec12 retary and Congress a final report that includes— 

13 (A) a summary of the activities of the 

14 Commission; 

15 (B) a final accounting of any funds re16 ceived or expended by the Commission; and 

17 (C) the final disposition of any historically 

18 significant items acquired by the Commission 

19 and other properties not previously reported. 

20 SEC. 6. POWERS. 

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

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

23 donations of money, services, and real and personal 

24 property related to the commemoration in accord25 ance with Department of the Interior and National 


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1 Park Service written standards for accepting gifts 

2 from outside sources; 

3 (2) appoint such advisory committees as the 

4 Commission determines to be necessary to carry out 

5 this Act; 

6 (3) authorize any member or employee of the 

7 Commission to take any action the Commission is 

8 authorized to take under this Act; 

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

10 manner and under the same conditions as other 

11 agencies of the Federal Government; and 

12 (5) make grants to communities, nonprofit, 

13 commemorative commissions or organizations, and 

14 research and scholarly organizations to develop pro15 grams and products to assist in researching, pub16 lishing, marketing, and distributing information re17 lating to the commemoration. 

18 (b) LEGAL AGREEMENTS.— 

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

20 Commission may— 

21 (A) procure supplies, services, and prop22 erty; and 

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

24 other legal agreements. 


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

2 legal agreement made or entered into by the Com3 mission shall not extend beyond the date of termi4 nation of the Commission. 

5 (c) INFORMATION FROM FEDERAL AGENCIES.— 

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

7 directly from a Federal agency such information as 

8 the Commission considers necessary to carry out this 

9 Act. 

10 (2) PROVISION OF INFORMATION.—On request 

11 of the Chairperson of the Commission, the head of 

12 the agency shall provide the information to the Com13 mission in accordance with applicable laws. 

14 (d) FACA APPLICATION.—The Federal Advisory 

15 Committee Act (5 U.S.C. App.)— 

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

17 (2) shall apply to advisory committees estab18 lished under subsection (a)(2). 

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

20 Act supersedes the authority of the States or the National 

21 Park Service concerning the commemoration. 

22 SEC. 7. PERSONNEL MATTERS. 

23 (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. 


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1 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) IN GENERAL.—There are authorized to be appro3 priated to carry out this Act such sums as are necessary 

4 for each of fiscal years 2008 through 2015. 

5 (b) AVAILABILITY OF FUNDS.—Amounts appro6 priated under this section for any fiscal year shall remain 

7 available until December 31, 2015. 

8 SEC. 9. TERMINATION OF COMMISSION. 

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

10 on December 31, 2015. 

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

12 date of termination, the Commission shall transfer any 

13 documents, materials, books, manuscripts, miscellaneous 

14 printed matter, memorabilia, relics, exhibits, and any ma15 terials donated to the Commission that relate to the War 

16 of 1812, to Fort McHenry National Monument and His17 toric Shrine. 

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

19 Commission on the date of termination shall be deposited 

20 in the general fund of the Treasury. 

Æ 


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