109TH CONGRESS

1ST SESSION S. 959

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,

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;

10 (3) the British occupation of American territory

11 along the Great Lakes had a far-reaching effect on

12 American society;

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

14 Key wrote the poem that celebrated the flag and

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

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

17 flag as an American icon and became the words of

18 the national anthem of the United States in 1932;

19 and

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

21 appropriate commemorative activities to maximize

22 public understanding of the meaning of the War of

23 1812 in the history of the United States.

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

25 (1) establish the Star-Spangled Banner and

26 War of 1812 Commemoration Commission;
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1 (2) ensure a suitable national observance of the

2 War of 1812 by complementing, cooperating with,

3 and providing assistance to the programs and activi4 ties of the various States involved in the commemo5 ration;

6 (3) encourage War of 1812 observances that

7 provide an excellent visitor experience and beneficial

8 interaction between visitors and the natural and cul9 tural resources of the various War of 1812 sites;

10 (4) facilitate international involvement in the

11 War of 1812 observances;

12 (5) support and facilitate marketing efforts for

13 a commemorative coin, stamp, and related activities

14 for the War of 1812 observances; and

15 (6) promote the protection of War of 1812 re16 sources and assist in the appropriate development of

17 heritage tourism and economic benefits to the

18 United States.

19 SEC. 3. DEFINITIONS.

20 In this Act:

21 (1) COMMEMORATION.—The term ‘‘commemo22 ration’’ means the commemoration of the War of

23 1812.
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1 (2) COMMISSION.—The term ‘‘Commission’’

2 means the Star-Spangled Banner and War of 1812

3 Bicentennial Commission established in section 4(a).

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

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

6 an interest in, support for, and expertise appropriate

7 to the commemoration.

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

9 the Secretary of the Interior.

10 (5) STATES.—The term ‘‘States’’—

11 (A) means the States of Alabama, Con12 necticut, Delaware, Florida, Georgia, Illinois,

13 Indiana, Iowa, Kentucky, Louisiana, Maine,

14 Maryland, Massachusetts, Michigan, Mis15 sissippi, Missouri, New Hampshire, New Jer16 sey, New York, North Carolina, Ohio, Pennsyl17 vania, Rhode Island, South Carolina, Ten18 nessee, Vermont, Virginia, and Wisconsin; and

19 (B) includes agencies and entities of each

20 State.

21 SEC. 4. STAR-SPANGLED BANNER AND WAR OF 1812 COM22 MEMORATION COMMISSION.

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

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

25 1812 Bicentennial Commission’’.
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1 (b) MEMBERSHIP.—

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

3 composed of 42 members, of whom—

4 (A) 28 members shall be qualified citizens

5 appointed by the Secretary after consideration

6 of nominations submitted by the Governors of

7 the States;

8 (B) 3 members shall be qualified citizens

9 appointed by the Secretary after consideration

10 of nominations submitted by the Mayors of the

11 District of Columbia, the City of Baltimore, and

12 the City of New Orleans;

13 (C) 2 members shall be employees of the

14 National Park Service, of whom—

15 (i) 1 shall be the Director of the Na16 tional Park Service (or a designee); and

17 (ii) 1 shall be an employee of the Na18 tional Park Service having experience rel19 evant to the commemoration;

20 (D) 8 members shall be qualified citizens

21 appointed by the Secretary, of whom—

22 (i) 2 shall be recommended by the

23 majority leader of the Senate;

24 (ii) 2 shall be recommended by the

25 minority leader of the Senate;
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1 (iii) 2 shall be recommended by the

2 majority leader of the House of Represent3 atives; and

4 (iv) 2 shall be recommended by the

5 minority leader of the House of Represent6 atives; and

7 (E) 1 member shall be appointed by the

8 Secretary from among individuals with exper9 tise in the history of the War of 1812.

10 (2) DATE OF APPOINTMENTS.—The appoint11 ment of a member of the Commission shall be made

12 not later than 120 days after the date of enactment

13 of this Act.

14 (c) TERM; VACANCIES.—

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

16 the life of the Commission.

17 (2) VACANCIES.—A vacancy on the

18 Commission—

19 (A) shall not affect the powers of the Com20 mission; and

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

22 the original appointment was made.

23 (d) VOTING.—
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1 (1) IN GENERAL.—The Commission shall act

2 only on an affirmative vote of a majority of the

3 members of the Commission.

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

5 the Commission shall constitute a quorum.

6 (e) CHAIRPERSON AND VICE CHAIRPERSON.—

7 (1) SELECTION.—The Commission shall select

8 a chairperson and a vice chairperson from among

9 the members of the Commission.

10 (2) ABSENCE OF CHAIRPERSON.—The vice

11 chairperson shall act as chairperson in the absence

12 of the chairperson.

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

14 the date on which all members of the Commission have

15 been appointed, the Commission shall hold the initial

16 meeting of the Commission.

17 (g) MEETINGS.—Not less than twice a year, the Com18 mission shall meet at the call of the chairperson or a ma19 jority of the members of the Commission.

20 SEC. 5. DUTIES.

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

22 (1) plan, encourage, develop, execute, and co23 ordinate programs, observances, and activities com24 memorating the historic events that preceded and

25 are associated with the War of 1812;
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1 (2) facilitate the commemoration throughout

2 the United States and internationally;

3 (3) coordinate the activities of the Commission

4 with State commemoration commissions, the Na5 tional Park Service, the Department of Defense, and

6 other appropriate Federal agencies;

7 (4) encourage civic, patriotic, historical, edu8 cational, religious, economic, tourism, and other or9 ganizations throughout the United States to orga10 nize and participate in the commemoration to ex11 pand the understanding and appreciation of the sig12 nificance of the War of 1812;

13 (5) provide technical assistance to States, local14 ities, units of the National Park System and non15 profit organizations to further the commemoration

16 and commemorative events;

17 (6) coordinate and facilitate scholarly research

18 on, publication about, and interpretation of the peo19 ple and events associated with the War of 1812;

20 (7) design, develop, and provide for the mainte21 nance of an exhibit that will travel throughout the

22 United States during the commemoration period to

23 interpret events of the War of 1812 for the edu24 cational benefit of the citizens of the United States;
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1 (8) ensure that War of 1812 commemorations

2 provide a lasting legacy and long-term public benefit

3 leading to protection of the natural and cultural re4 sources associated with the War of 1812; and

5 (9) examine and review essential facilities and

6 infrastructure at War of 1812 sites and enable nec7 essary improvements to enhance and maximize vis8 itor experience at the sites.

9 (b) STRATEGIC PLAN; ANNUAL PERFORMANCE

10 PLANS.—The Commission shall prepare a strategic plan

11 and annual performance plans for any activity carried out

12 by the Commission under this Act.

13 (c) REPORTS.—

14 (1) ANNUAL REPORT.—The Commission shall

15 submit to Congress an annual report that contains

16 a list of each gift, bequest, or devise to the Commis17 sion or a member of the Commission with a value

18 of more than $250, together with the identity of the

19 donor of each gift, bequest, or devise.

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

21 30, 2015, the Commission shall submit to the Sec22 retary and Congress a final report that includes—

23 (A) a summary of the activities of the

24 Commission;
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1 (B) a final accounting of any funds re2 ceived or expended by the Commission; and

3 (C) the final disposition of any historically

4 significant items acquired by the Commission

5 and other properties not previously reported.

6 SEC. 6. POWERS.

7 (a) IN GENERAL.—The Commission may—

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

9 donations of money, services, and real and personal

10 property related to the commemoration;

11 (2) appoint such advisory committees as the

12 Commission determines to be necessary to carry out

13 this Act;

14 (3) authorize any member or employee of the

15 Commission to take any action the Commission is

16 authorized to take under this Act;

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

18 manner and under the same conditions as other

19 agencies of the Federal Government; and

20 (5) make grants to communities, nonprofit,

21 commemorative commissions or organizations, and

22 research and scholarly organizations to develop pro23 grams and products to assist in researching, pub24 lishing, marketing, and distributing information re25 lating to the commemoration.
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1 (b) LEGAL AGREEMENTS.—

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

3 Commission may—

4 (A) procure supplies, services, and prop5 erty; and

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

7 other legal agreements.

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

9 legal agreement made or entered into by the Com10 mission shall not extend beyond the date of termi11 nation of the Commission

12 (c) INFORMATION FROM FEDERAL AGENCIES.—

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

14 directly from a Federal agency such information as

15 the Commission considers necessary to be to carry

16 out this Act.

17 (2) PROVISION OF INFORMATION.—On request

18 of the Chairperson of the Commission, the head of

19 the agency shall provide the information to the Com20 mission.

21 SEC. 7. COMMISSION PERSONNEL MATTERS.

22 (a) COMPENSATION OF MEMBERS OF THE COMMIS23 SION.—
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1 (1) IN GENERAL.—Except as provided in para2 graph (2), a member of the Commission shall serve

3 without compensation.

4 (2) FEDERAL EMPLOYEES.—A member of the

5 Commission who is an officer or employee of the

6 Federal Government shall serve without compensa7 tion in addition to the compensation received for the

8 services of the member as an officer or employee of

9 the Federal Government.

10 (3) TRAVEL EXPENSES.—A member of the

11 Commission shall be allowed travel expenses, includ12 ing per diem in lieu of subsistence, at rates author13 ized for an employee of an agency under subchapter

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

15 away from the home or regular place of business of

16 the member in the performance of the duties of the

17 Commission.

18 (b) STAFF.—

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

20 Commission may, without regard to the civil service

21 laws (including regulations), appoint and terminate

22 an executive director and such other additional per23 sonnel as are necessary to enable the Commission to

24 perform the duties of the Commission.
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1 (2) CONFIRMATION OF EXECUTIVE DIREC2 TOR.—The employment of an executive director shall

3 be subject to confirmation by the Commission.

4 (3) COMPENSATION.—

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

6 subparagraph (B), the Chairperson of the Com7 mission may fix the compensation of the execu8 tive director and other personnel without regard

9 to the provisions of chapter 51 and subchapter

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

11 relating to classification of positions and Gen12 eral Schedule pay rates.

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

14 pay for the executive director and other per15 sonnel shall not exceed the rate payable for

16 level V of the Executive Schedule under section

17 5316 of title 5, United States Code.

18 (c) DETAIL OF GOVERNMENT EMPLOYEE.—

19 (1) FEDERAL EMPLOYEES.—

20 (A) IN GENERAL.—At the request of the

21 Commission, the head of any Federal agency

22 may detail, on a reimbursable or nonreimburs23 able basis, any of the personnel of the agency

24 to the Commission to assist the Commission in
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1 carrying out the duties of the Commission

2 under this Act.

3 (B) CIVIL SERVICE STATUS.—The detail of

4 an employee under subparagraph (A) shall be

5 without interruption or loss of civil service sta6 tus or privilege.

7 (2) STATE EMPLOYEES.—The Commission

8 may—

9 (A) accept the services of personnel de10 tailed from States (including subdivisions of

11 States); and

12 (B) reimburse States for services of de13 tailed personnel.

14 (3) VOLUNTEER AND UNCOMPENSATED SERV15 ICES.—Notwithstanding section 1342 of title 31,

16 United States Code, the Commission may accept and

17 use such voluntary and uncompensated services as

18 the Commission determines necessary.

19 (4) SUPPORT SERVICES.—The Director of the

20 National Park Service shall provide to the Commis21 sion, on a reimbursable basis, such administrative

22 support services as the Commission may request.

23 (d) PROCUREMENT OF TEMPORARY AND INTERMIT24 TENT SERVICES.—The Chairperson of the Commission

25 may procure temporary and intermittent services in ac-
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1 cordance with section 3109(b) of title 5, United States

2 Code, at rates for individuals that do not exceed the daily

3 equivalent of the annual rate of basic pay prescribed for

4 level V of the Executive Schedule under section 5316 of

5 that title.

6 (e) FACA NONAPPLICABILITY.—The Federal Advi7 sory Committee Act (5 U.S.C. App.) shall not apply to

8 the Commission.

9 (f) NO EFFECT ON AUTHORITY.—Nothing in this

10 section supersedes the authority of the States or the Na11 tional Park Service concerning the commemoration.

12 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

13 (1) IN GENERAL.—There are authorized to be

14 appropriated to carry out this Act such sums as are

15 necessary for each of fiscal years 2006 through

16 2015.

17 (2) AVAILABILITY OF FUNDS.—Amounts appro18 priated under this section for any fiscal year shall

19 remain available until December 31, 2015.

20 SEC. 9. TERMINATION OF COMMISSION.

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

22 on December 31, 2015.

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

24 date of termination, the Commission shall transfer any

25 documents, materials, books, manuscripts, miscellaneous
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1 printed matter, memorabilia, relics, and exhibits, and any

2 materials donated to the Commission, that relate to the

3 War of 1812, to Fort McHenry National Monument and

4 Historic Shrine.

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

6 Commission on the date of termination shall be deposited

7 in the general fund of the Treasury.

Passed the Senate December 16, 2005.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION S. 959

AN ACT

To establish the Star-Spangled Banner and War of

purposes.1812 Bicentennial Commission, and for other