IIB 

110TH CONGRESS 

1ST SESSION H. R. 1389 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 25, 2007 

Received; read twice and referred to the Committee on the Judiciary 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Star-Spangled Banner 

3 and War of 1812 Bicentennial Commission Act’’. 

4 SEC. 2. FINDINGS AND PURPOSE. 

5 (a) FINDINGS.—Congress finds that— 

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

7 the United States Constitution and the newly estab8 lished democratic Government; 

9 (2) vast regions of the new multi-party democ10 racy, including the Chesapeake Bay, the Gulf of 

11 Mexico and the Niagara Frontier, were affected by 

12 the War of 1812 including the States of Alabama, 

13 Connecticut, Delaware, Florida, Georgia, Iowa, Illi14 nois, Indiana, Kentucky, Louisiana, Massachusetts, 

15 Maryland, Maine, Michigan, Missouri, Mississippi, 

16 New Jersey, North Carolina, New Hampshire, New 

17 York, Ohio, Oregon, Pennsylvania, Rhode Island, 

18 South Carolina, Tennessee, Virginia, Vermont, Wis19 consin, West Virginia, and the District of Columbia; 

20 (3) the British occupation of American territory 

21 along the Great Lakes and in other regions, the 

22 burning of Washington, DC, the American victories 

23 at Fort McHenry, New Orleans, and Plattsburgh, 

24 among other battles, had far reaching effects on 

25 American society; 


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

2 Key wrote the poem that celebrated the flag and 

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

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

5 flag as an American icon and became the words of 

6 the national anthem of the United States in 1932; 

7 and 

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

9 appropriate commemorative activities to maximize 

10 public understanding of the meaning of the War of 

11 1812 in the history of the United States. 

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

13 (1) establish the Star-Spangled Banner and 

14 War of 1812 Commemoration Commission; 

15 (2) ensure a suitable national observance of the 

16 War of 1812 by complementing, cooperating with, 

17 and providing assistance to the programs and activi18 ties of the various States involved in the commemo19 ration; 

20 (3) encourage War of 1812 observances that 

21 provide an excellent visitor experience and beneficial 

22 interaction between visitors and the natural and cul23 tural resources of the various War of 1812 sites; 

24 (4) facilitate international involvement in the 

25 War of 1812 observances; 


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1 (5) support and facilitate marketing efforts for 

2 a commemorative coin, stamp, and related activities 

3 for the War of 1812 observances; and 

4 (6) promote the protection of War of 1812 re5 sources and assist in the appropriate development of 

6 heritage tourism and economic benefits to the 

7 United States. 

8 SEC. 3. DEFINITIONS. 

9 In this Act: 

10 (1) COMMEMORATION.—The term ‘‘commemo11 ration’’ means the commemoration of the War of 

12 1812. 

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

14 means the Star-Spangled Banner and War of 1812 

15 Bicentennial Commission established in section 4(a). 

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

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

18 an interest in, support for, and expertise appropriate 

19 to the commemoration. 

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

21 the Secretary of the Interior. 

22 (5) STATES.—The term ‘‘States’’— 

23 (A) means the States of Alabama, Ken24 tucky, Indiana, Louisiana, Maryland, Vermont, 


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1 Virginia, New York, Maine, Michigan, and 

2 Ohio; and 

3 (B) includes agencies and entities of each 

4 State. 

5 SEC. 4. STAR-SPANGLED BANNER AND WAR OF 1812 COM6 MEMORATION COMMISSION. 

7 (a) IN GENERAL.—The Secretary shall establish a 

8 commission to be known as the ‘‘Star-Spangled Banner 

9 and War of 1812 Bicentennial Commission’’. 

10 (b) MEMBERSHIP.— 

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

12 composed of 22 members, of whom— 

13 (A) 11 members shall be qualified citizens 

14 appointed by the Secretary after consideration 

15 of nominations submitted by the Governors of 

16 Alabama, Kentucky, Indiana, Louisiana, Maine, 

17 Maryland, Michigan, New York, Ohio, Vermont, 

18 and Virginia; 

19 (B) 3 members shall be qualified citizens 

20 appointed by the Secretary after consideration 

21 of nominations submitted by the Mayors of the 

22 District of Columbia, the City of Baltimore, and 

23 the City of New Orleans; 

24 (C) 2 members shall be employees of the 

25 National Park Service, of whom— 


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1 (i) 1 shall be the Director of the Na2 tional Park Service (or a designee); and 

3 (ii) 1 shall be an employee of the Na4 tional Park Service having experience rel5 evant to the commemoration; 

6 (D) 4 members shall be qualified citizens 

7 appointed by the Secretary with consideration 

8 of recommendations— 

9 (i) 1 of which are submitted by the 

10 majority leader of the Senate; 

11 (ii) 1 of which are submitted by the 

12 minority leader of the Senate; 

13 (iii) 1 of which are submitted by the 

14 majority leader of the House of Represent15 atives; 

16 (iv) 1 of which are submitted by the 

17 minority leader of the House of Represent18 atives; and 

19 (E) 2 members shall be appointed by the 

20 Secretary from among individuals with exper21 tise in the history of the War of 1812. 

22 (2) DATE OF APPOINTMENTS.—The appoint23 ment of a member of the Commission shall be made 

24 not later than 120 days after the date of enactment 

25 of this Act. 


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1 (c) TERM; VACANCIES.— 

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

3 the life of the Commission. 

4 (2) VACANCIES.—A vacancy on the Commis5 sion— 

6 (A) shall not affect the powers of the Com7 mission; and 

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

9 the original appointment was made. 

10 (d) VOTING.— 

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

12 only on an affirmative vote of a majority of the 

13 members of the Commission. 

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

15 the Commission shall constitute a quorum. 

16 (e) CHAIRPERSON AND VICE CHAIRPERSON.— 

17 (1) SELECTION.—The Commission shall select 

18 a chairperson and a vice chairperson from among 

19 the members of the Commission. 

20 (2) ABSENCE OF CHAIRPERSON.—The vice 

21 chairperson shall act as chairperson in the absence 

22 of the chairperson. 

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

24 the date on which all members of the Commission have 


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1 been appointed and funds have been provided, the Com2 mission shall hold the initial meeting of the Commission. 

3 (g) MEETINGS.—Not less than twice a year, the Com4 mission shall meet at the call of the chairperson or a ma5 jority of the members of the Commission. 

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

7 successive meetings of the Commission or who otherwise 

8 fails to participate substantively in the work of the Com9 mission may be removed by the Secretary and the vacancy 

10 shall be filled in the same manner as the original appoint11 ment was made. Members serve at the discretion of the 

12 Secretary. 

13 SEC. 5. DUTIES. 

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

15 (1) plan, encourage, develop, execute, and co16 ordinate programs, observances, and activities com17 memorating the historic events that preceded and 

18 are associated with the War of 1812; 

19 (2) facilitate the commemoration throughout 

20 the United States and internationally; 

21 (3) coordinate the activities of the Commission 

22 with State commemoration commissions, the Na23 tional Park Service, the Department of Defense, and 

24 other appropriate Federal agencies; 


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1 (4) encourage civic, patriotic, historical, edu2 cational, religious, economic, tourism, and other or3 ganizations throughout the United States to orga4 nize and participate in the commemoration to ex5 pand the understanding and appreciation of the sig6 nificance of the War of 1812; 

7 (5) provide technical assistance to States, local8 ities, units of the National Park System, and non9 profit organizations to further the commemoration 

10 and commemorative events; 

11 (6) coordinate and facilitate scholarly research 

12 on, publication about, and interpretation of the peo13 ple and events associated with the War of 1812; 

14 (7) design, develop, and provide for the mainte15 nance of an exhibit that will travel throughout the 

16 United States during the commemoration period to 

17 interpret events of the War of 1812 for the edu18 cational benefit of the citizens of the United States; 

19 (8) ensure that War of 1812 commemorations 

20 provide a lasting legacy and long-term public benefit 

21 leading to protection of the natural and cultural re22 sources associated with the War of 1812; and 

23 (9) examine and review essential facilities and 

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1 sible improvements that could be made to enhance 

2 and maximize visitor experience at the sites. 

3 (b) STRATEGIC PLAN; ANNUAL PERFORMANCE

4 PLANS.—The Commission shall prepare a strategic plan 

5 and annual performance plans for any activity carried out 

6 by the Commission under this Act. 

7 (c) REPORTS.— 

8 (1) ANNUAL REPORT.—The Commission shall 

9 submit to Congress an annual report that contains 

10 a list of each gift, bequest, or devise to the Commis11 sion with a value of more than $250, together with 

12 the identity of the donor of each gift, bequest, or de13 vise. 

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

15 30, 2015, the Commission shall submit to the Sec16 retary and Congress a final report that includes— 

17 (A) a summary of the activities of the 

18 Commission; 

19 (B) a final accounting of any funds re20 ceived or expended by the Commission; and 

21 (C) the final disposition of any historically 

22 significant items acquired by the Commission 

23 and other properties not previously reported. 

24 SEC. 6. POWERS. 

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


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

2 donations of money, services, and real and personal 

3 property related to the commemoration in accord4 ance with Department of the Interior and National 

5 Park Service written standards for accepting gifts 

6 from outside sources; 

7 (2) appoint such advisory committees as the 

8 Commission determines to be necessary to carry out 

9 this Act; 

10 (3) authorize any member or employee of the 

11 Commission to take any action the Commission is 

12 authorized to take under this Act; 

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

14 manner and under the same conditions as other 

15 agencies of the Federal Government; and 

16 (5) make grants to communities, nonprofit, 

17 commemorative commissions or organizations, and 

18 research and scholarly organizations to develop pro19 grams and products to assist in researching, pub20 lishing, marketing, and distributing information re21 lating to the commemoration. 

22 (b) LEGAL AGREEMENTS.— 

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

24 Commission may— 


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1 (A) procure supplies, services, and prop2 erty; and 

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

4 other legal agreements. 

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

6 legal agreement made or entered into by the Com7 mission shall not extend beyond the date of termi8 nation of the Commission. 

9 (c) INFORMATION FROM FEDERAL AGENCIES.— 

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

11 directly from a Federal agency such information as 

12 the Commission considers necessary to carry out this 

13 Act. 

14 (2) PROVISION OF INFORMATION.—On request 

15 of the Chairperson of the Commission, the head of 

16 the agency shall provide the information to the Com17 mission in accordance with applicable laws. 

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

19 Federal Advisory Committees Act (5 U.S.C. App.) shall 

20 not apply to the Commission. 

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

22 Act supersedes the authority of the States or the National 

23 Park Service concerning the commemoration. 

24 SEC. 7. PERSONNEL MATTERS. 

25 (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 not to exceed $500,000 for 

4 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. 

21 (d) ANNUAL AUDIT.—The Inspector General of the 

22 Department of the Interior shall perform an annual audit 

23 of the Commission, shall make the results of the audit 

24 available to the public, and shall transmit such results to 

25 the Committee on Oversight and Government Reform in 


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1 the House of Representatives and the Committee on Judi2 ciary in the Senate. 

Passed the House of Representatives September 24, 

2007. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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