II 

109TH CONGRESS 

1ST SESSION S. 959 

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

Commission, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 28, 2005 

Mr. SARBANES (for himself, Ms. MIKULSKI, Ms. LANDRIEU, and Mr. LEVIN) 

introduced the following bill; which was read twice and referred to the 

Committee on the Judiciary 

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— 

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

9 the United States Constitution and the newly estab10 lished democratic Government; 
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1 (2) vast regions of the new multi-party democ2 racy, including the Chesapeake Bay, the Gulf of 

3 Mexico and the Niagara Frontier, were affected by 

4 the War of 1812; 

5 (3) the British occupation of American territory 

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

7 American society; 

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

9 Key wrote the poem that celebrated the flag and 

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

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

12 flag as an American icon and became the words of 

13 the national anthem of the United States in 1932; 

14 and 

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

16 appropriate commemorative activities to maximize 

17 public understanding of the meaning of the War of 

18 1812 in the history of the United States. 

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

20 (1) establish the Star-Spangled Banner and 

21 War of 1812 Commemoration Commission; 

22 (2) ensure a suitable national observance of the 

23 War of 1812 by complementing, cooperating with, 

24 and providing assistance to the programs and activi-
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1 ties of the various States involved in the commemo2 ration; 

3 (3) encourage War of 1812 observances that 

4 provide an excellent visitor experience and beneficial 

5 interaction between visitors and the natural and cul6 tural resources of the various War of 1812 sites; 

7 (4) facilitate international involvement in the 

8 War of 1812 observances; 

9 (5) support and facilitate marketing efforts for 

10 a commemorative coin, stamp, and related activities 

11 for the War of 1812 observances; and 

12 (6) promote the protection of War of 1812 re13 sources and assist in the appropriate development of 

14 heritage tourism and economic benefits to the 

15 United States. 

16 SEC. 3. DEFINITIONS. 

17 In this Act: 

18 (1) COMMEMORATION.—The term ‘‘commemo19 ration’’ means the commemoration of the War of 

20 1812. 

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

22 means the Star-Spangled Banner and War of 1812 

23 Bicentennial Commission established in section 4(a). 

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

25 citizen’’ means a citizen of the United States with 
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1 an interest in, support for, and expertise appropriate 

2 to the commemoration. 

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

4 the Secretary of the Interior. 

5 (5) STATES.—The term ‘‘States’’— 

6 (A) means the States of Alabama, Dela7 ware, Indiana, Louisiana, Maryland, Michigan, 

8 New York, Ohio, and Virginia; and 

9 (B) includes agencies and entities of each 

10 State. 

11 SEC. 4. STAR-SPANGLED BANNER AND WAR OF 1812 COM12 MEMORATION COMMISSION. 

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

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

15 1812 Bicentennial Commission’’. 

16 (b) MEMBERSHIP.— 

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

18 composed of 23 members, of whom— 

19 (A) 9 members shall be qualified citizens 

20 appointed by the Secretary after consideration 

21 of nominations submitted by the Governors of 

22 the States; 

23 (B) 3 members shall be qualified citizens 

24 appointed by the Secretary after consideration 

25 of nominations submitted by the Mayors of the 
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1 District of Columbia, the City of Baltimore, and 

2 the City of New Orleans; 

3 (C) 2 members shall be employees of the 

4 National Park Service, of whom— 

5 (i) 1 shall be the Director of the Na6 tional Park Service (or a designee); and 

7 (ii) 1 shall be an employee of the Na8 tional Park Service having experience rel9 evant to the commemoration; 

10 (D) 8 members shall be qualified citizens 

11 appointed by the Secretary, of whom— 

12 (i) 2 shall be recommended by the 

13 majority leader of the Senate; 

14 (ii) 2 shall be recommended by the 

15 minority leader of the Senate; 

16 (iii) 2 shall be recommended by the 

17 majority leader of the House of Represent18 atives; and 

19 (iv) 2 shall be recommended by the 

20 minority leader of the House of Represent21 atives; and 

22 (E) 1 member shall be appointed by the 

23 Secretary from among individuals with exper24 tise in the history of the War of 1812. 
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1 (2) DATE OF APPOINTMENTS.—The appoint2 ment of a member of the Commission shall be made 

3 not later than 120 days after the date of enactment 

4 of this Act. 

5 (c) TERM; VACANCIES.— 

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

7 the life of the Commission. 

8 (2) VACANCIES.—A vacancy on the Commis9 sion— 

10 (A) shall not affect the powers of the Com11 mission; and 

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

13 the original appointment was made. 

14 (d) VOTING.— 

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

16 only on an affirmative vote of a majority of the 

17 members of the Commission. 

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

19 the Commission shall constitute a quorum. 

20 (e) CHAIRPERSON AND VICE CHAIRPERSON.— 

21 (1) SELECTION.—The Commission shall select 

22 a chairperson and a vice chairperson from among 

23 the members of the Commission. 
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1 (2) ABSENCE OF CHAIRPERSON.—The vice 

2 chairperson shall act as chairperson in the absence 

3 of the chairperson. 

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

5 the date on which all members of the Commission have 

6 been appointed, the Commission shall hold the initial 

7 meeting of the Commission. 

8 (g) MEETINGS.—Not less than twice a year, the Com9 mission shall meet at the call of the chairperson or a ma10 jority of the members of the Commission. 

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 orga-
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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 enable nec22 essary improvements to enhance and maximize vis23 itor 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 or a member of the Commission with a value 

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

9 donor of each gift, bequest, or devise. 

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; 
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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 

24 legal agreement made or entered into by the Com-
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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 be to carry 

7 out this 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. 

12 SEC. 7. COMMISSION PERSONNEL MATTERS. 

13 (a) COMPENSATION OF MEMBERS OF THE COMMIS14 SION.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (2), a member of the Commission shall serve 

17 without compensation. 

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

19 Commission who is an officer or employee of the 

20 Federal Government shall serve without compensa21 tion in addition to the compensation received for the 

22 services of the member as an officer or employee of 

23 the Federal Government. 

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

25 Commission shall be allowed travel expenses, includ-
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1 ing per diem in lieu of subsistence, at rates author2 ized for an employee of an agency under subchapter 

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

4 away from the home or regular place of business of 

5 the member in the performance of the duties of the 

6 Commission. 

7 (b) STAFF.— 

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

9 Commission may, without regard to the civil service 

10 laws (including regulations), appoint and terminate 

11 an executive director and such other additional per12 sonnel as are necessary to enable the Commission to 

13 perform the duties of the Commission. 

14 (2) CONFIRMATION OF EXECUTIVE DIREC15 TOR.—The employment of an executive director shall 

16 be subject to confirmation by the Commission. 

17 (3) COMPENSATION.— 

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

19 subparagraph (B), the Chairperson of the Com20 mission may fix the compensation of the execu21 tive director and other personnel without regard 

22 to the provisions of chapter 51 and subchapter 

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

24 relating to classification of positions and Gen25 eral Schedule pay rates. 
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1 (B) MAXIMUM RATE OF PAY.—The rate of 

2 pay for the executive director and other per3 sonnel shall not exceed the rate payable for 

4 level V of the Executive Schedule under section 

5 5316 of title 5, United States Code. 

6 (c) DETAIL OF GOVERNMENT EMPLOYEE.— 

7 (1) FEDERAL EMPLOYEES.— 

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

9 Commission, the head of any Federal agency 

10 may detail, on a reimbursable or nonreimburs11 able basis, any of the personnel of the agency 

12 to the Commission to assist the Commission in 

13 carrying out the duties of the Commission 

14 under this Act. 

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

16 an employee under subparagraph (A) shall be 

17 without interruption or loss of civil service sta18 tus or privilege. 

19 (2) STATE EMPLOYEES.—The Commission 

20 may— 

21 (A) accept the services of personnel de22 tailed from States (including subdivisions of 

23 States); and 

24 (B) reimburse States for services of de25 tailed personnel. 
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1 (3) VOLUNTEER AND UNCOMPENSATED SERV2 ICES.—Notwithstanding section 1342 of title 31, 

3 United States Code, the Commission may accept and 

4 use such voluntary and uncompensated services as 

5 the Commission determines necessary. 

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

7 National Park Service shall provide to the Commis8 sion, on a reimbursable basis, such administrative 

9 support services as the Commission may request. 

10 (d) PROCUREMENT OF TEMPORARY AND INTERMIT11 TENT SERVICES.—The Chairperson of the Commission 

12 may procure temporary and intermittent services in ac13 cordance with section 3109(b) of title 5, United States 

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

15 equivalent of the annual rate of basic pay prescribed for 

16 level V of the Executive Schedule under section 5316 of 

17 that title. 

18 (e) FACA NONAPPLICABILITY.—The Federal Advi19 sory Committee Act (5 U.S.C. App.) shall not apply to 

20 the Commission. 

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

22 section supersedes the authority of the States or the Na23 tional Park Service concerning the commemoration. 
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1 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

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

3 appropriated to carry out this Act such sums as are 

4 necessary for each of fiscal years 2006 through 

5 2015. 

6 (2) AVAILABILITY OF FUNDS.—Amounts appro7 priated under this section for any fiscal year shall 

8 remain available until December 31, 2015. 

9 SEC. 9. TERMINATION OF COMMISSION. 

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

11 on December 31, 2015. 

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

13 date of termination, the Commission shall transfer any 

14 documents, materials, books, manuscripts, miscellaneous 

15 printed matter, memorabilia, relics, and exhibits, and any 

16 materials donated to the Commission, that relate to the 

17 War of 1812, to Fort McHenry National Monument and 

18 Historic Shrine. 

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

20 Commission on the date of termination shall be deposited 

21 in the general fund of the Treasury. 

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