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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Star-Spangled Banner 
and War of 1812 Bicentennial Commission Act’’. 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds that— 
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(1) the War of 1812 served as a crucial test for 
the United States Constitution and the newly estab-
lished democratic Government; 
(2) vast regions of the new multi-party democ-
racy, including the Chesapeake Bay, the Gulf of 
Mexico and the Niagara Frontier, were affected by 
the War of 1812 including the States of Alabama, 
Connecticut, Delaware, Florida, Georgia, Iowa, Illi-
nois, Indiana, Kentucky, Louisiana, Massachusetts, 
Maryland, Maine, Michigan, Missouri, Mississippi, 
New Jersey, North Carolina, New Hampshire, New 
York, Ohio, Oregon, Pennsylvania, Rhode Island, 
South Carolina, Tennessee, Virginia, Vermont, Wis-
consin, West Virginia, and the District of Columbia; 
(3) the British occupation of American territory 
along the Great Lakes and in other regions, the 
burning of Washington, D.C., the American victories 
at Fort McHenry, New Orleans, and Plattsburgh, 
among other battles, had far reaching effects on 
American society; 
(4) at the Battle of Baltimore, Francis Scott 
Key wrote the poem that celebrated the flag and 
later was titled ‘‘the Star-Spangled Banner’’; 
(5) the poem led to the establishment of the 
flag as an American icon and became the words of 
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the national anthem of the United States in 1932; 
and 
(6) it is in the national interest to provide for 
appropriate commemorative activities to maximize 
public understanding of the meaning of the War of 
1812 in the history of the United States. 
(b) PURPOSES.—The purposes of this Act are to— 
(1) establish the Star-Spangled Banner and 
War of 1812 Commemoration Commission; 
(2) ensure a suitable national observance of the 
War of 1812 by complementing, cooperating with, 
and providing assistance to the programs and activi-
ties of the various States involved in the commemo-
ration; 
(3) encourage War of 1812 observances that 
provide an excellent visitor experience and beneficial 
interaction between visitors and the natural and cul-
tural resources of the various War of 1812 sites; 
(4) facilitate international involvement in the 
War of 1812 observances; 
(5) support and facilitate marketing efforts for 
a commemorative coin, stamp, and related activities 
for the War of 1812 observances; and 
(6) promote the protection of War of 1812 re-
sources and assist in the appropriate development of 
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heritage tourism and economic benefits to the 
United States. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) COMMEMORATION.—The term ‘‘commemo-
ration’’ means the commemoration of the War of 
1812. 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the Star-Spangled Banner and War of 1812 
Bicentennial Commission established in section 4(a). 
(3) QUALIFIED CITIZEN.—The term ‘‘qualified 
citizen’’ means a citizen of the United States with 
an interest in, support for, and expertise appropriate 
to the commemoration. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(5) STATES.—The term ‘‘States’’— 
(A) means the States of Alabama, Ken-
tucky, Indiana, Louisiana, Maryland, Virginia, 
New York, Maine, Michigan, and Ohio; and 
(B) includes agencies and entities of each 
State. 
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SEC. 4. STAR-SPANGLED BANNER AND WAR OF 1812 COM-
MEMORATION COMMISSION. 
(a) IN GENERAL.—There is established a commission 
to be known as the ‘‘Star-Spangled Banner and War of 
1812 Bicentennial Commission’’. 
(b) MEMBERSHIP.— 
(1) IN
GENERAL.—The Commission shall be 
composed of 21 members, of whom— 
(A) 3 members shall be qualified citizens 
appointed by the Secretary after consideration 
of nominations submitted by the Governors of 
Maryland, Louisiana, and Virginia; 
(B) 7 members shall be qualified citizens 
appointed by the Secretary after consideration 
of nominations submitted by the Governors of 
Alabama, Kentucky, Indiana, New York, Maine, 
Michigan and Ohio; 
(C) 3 members shall be qualified citizens 
appointed by the Secretary after consideration 
of nominations submitted by the Mayors of the 
District of Columbia, the City of Baltimore, and 
the City of New Orleans; 
(D) 2 members shall be employees of the 
National Park Service, of whom— 
(i) 1 shall be the Director of the Na-
tional Park Service (or a designee); and 
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(ii) 1 shall be an employee of the Na-
tional Park Service having experience rel-
evant to the commemoration; 
(E) 4 members shall be qualified citizens 
appointed by the Secretary with consideration 
of recommendations— 
(i) 1 of which are submitted by the 
majority leader of the Senate; 
(ii) 1 of which are submitted by the 
minority leader of the Senate; 
(iii) 1 of which are submitted by the 
majority leader of the House of Represent-
atives; 
(iv) 1 of which are submitted by the 
minority leader of the House of Represent-
atives; and 
(F) 2 members shall be appointed by the 
Secretary from among individuals with exper-
tise in the history of the War of 1812. 
(2) DATE
OF
APPOINTMENTS.—The appoint-
ment of a member of the Commission shall be made 
not later than 120 days after the date of enactment 
of this Act. 
(c) TERM; VACANCIES.— 
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(1) TERM.—A member shall be appointed for 
the life of the Commission. 
(2) VACANCIES.—A vacancy on the Commis-
sion— 
(A) shall not affect the powers of the Com-
mission; and 
(B) shall be filled in the same manner as 
the original appointment was made. 
(d) VOTING.— 
(1) IN GENERAL.—The Commission shall act 
only on an affirmative vote of a majority of the 
members of the Commission. 
(2) QUORUM.—A majority of the members of 
the Commission shall constitute a quorum. 
(e) CHAIRPERSON AND VICE CHAIRPERSON.— 
(1) SELECTION.—The Commission shall select 
a chairperson and a vice chairperson from among 
the members of the Commission. 
(2) ABSENCE
OF
CHAIRPERSON.—The vice 
chairperson shall act as chairperson in the absence 
of the chairperson. 
(f) INITIAL MEETING.—Not later than 60 days after 
the date on which all members of the Commission have 
been appointed and funds have been provided, the Com-
mission shall hold the initial meeting of the Commission. 
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(g) MEETINGS.—Not less than twice a year, the Com-
mission shall meet at the call of the chairperson or a ma-
jority of the members of the Commission. 
(h) REMOVAL.—Any member who fails to attend 3 
successive meetings of the Commission or who otherwise 
fails to participate substantively in the work of the Com-
mission may be removed by the Secretary and the vacancy 
shall be filled in the same manner as the original appoint-
ment was made. Members serve at the discretion of the 
Secretary. 
SEC. 5. DUTIES. 
(a) IN GENERAL.—The Commission shall— 
(1) plan, encourage, develop, execute, and co-
ordinate programs, observances, and activities com-
memorating the historic events that preceded and 
are associated with the War of 1812; 
(2) facilitate the commemoration throughout 
the United States and internationally; 
(3) coordinate the activities of the Commission 
with State commemoration commissions, the Na-
tional Park Service, the Department of Defense, and 
other appropriate Federal agencies; 
(4) encourage civic, patriotic, historical, edu-
cational, religious, economic, tourism, and other or-
ganizations throughout the United States to orga-
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nize and participate in the commemoration to ex-
pand the understanding and appreciation of the sig-
nificance of the War of 1812; 
(5) provide technical assistance to States, local-
ities, units of the National Park System, and non-
profit organizations to further the commemoration 
and commemorative events; 
(6) coordinate and facilitate scholarly research 
on, publication about, and interpretation of the peo-
ple and events associated with the War of 1812; 
(7) design, develop, and provide for the mainte-
nance of an exhibit that will travel throughout the 
United States during the commemoration period to 
interpret events of the War of 1812 for the edu-
cational benefit of the citizens of the United States; 
(8) ensure that War of 1812 commemorations 
provide a lasting legacy and long-term public benefit 
leading to protection of the natural and cultural re-
sources associated with the War of 1812; and 
(9) examine and review essential facilities and 
infrastructure at War of 1812 sites and identify pos-
sible improvements that could be made to enhance 
and maximize visitor experience at the sites. 
(b) STRATEGIC
PLAN; ANNUAL
PERFORMANCE 
PLANS.—The Commission shall prepare a strategic plan 
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and annual performance plans for any activity carried out 
by the Commission under this Act. 
(c) REPORTS.— 
(1) ANNUAL REPORT.—The Commission shall 
submit to Congress an annual report that contains 
a list of each gift, bequest, or devise to the Commis-
sion with a value of more than $250, together with 
the identity of the donor of each gift, bequest, or de-
vise. 
(2) FINAL REPORT.—Not later than September 
30, 2015, the Commission shall submit to the Sec-
retary and Congress a final report that includes— 
(A) a summary of the activities of the 
Commission; 
(B) a final accounting of any funds re-
ceived or expended by the Commission; and 
(C) the final disposition of any historically 
significant items acquired by the Commission 
and other properties not previously reported. 
SEC. 6. POWERS. 
(a) IN GENERAL.—The Commission may— 
(1) solicit, accept, use, and dispose of gifts or 
donations of money, services, and real and personal 
property related to the commemoration in accord-
ance with Department of the Interior and National 
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Park Service written standards for accepting gifts 
from outside sources; 
(2) appoint such advisory committees as the 
Commission determines to be necessary to carry out 
this Act; 
(3) authorize any member or employee of the 
Commission to take any action the Commission is 
authorized to take under this Act; 
(4) use the United States mails in the same 
manner and under the same conditions as other 
agencies of the Federal Government; and 
(5) make grants to communities, nonprofit, 
commemorative commissions or organizations, and 
research and scholarly organizations to develop pro-
grams and products to assist in researching, pub-
lishing, marketing, and distributing information re-
lating to the commemoration. 
(b) LEGAL AGREEMENTS.— 
(1) IN GENERAL.—In carrying out this Act, the 
Commission may— 
(A) procure supplies, services, and prop-
erty; and 
(B) make or enter into contracts, leases, or 
other legal agreements. 
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(2) LENGTH.—Any contract, lease, or other 
legal agreement made or entered into by the Com-
mission shall not extend beyond the date of termi-
nation of the Commission. 
(c) INFORMATION FROM FEDERAL AGENCIES.— 
(1) IN GENERAL.—The Commission may secure 
directly from a Federal agency such information as 
the Commission considers necessary to carry out this 
Act. 
(2) PROVISION OF INFORMATION.—On request 
of the Chairperson of the Commission, the head of 
the agency shall provide the information to the Com-
mission in accordance with applicable laws. 
(d) FACA APPLICATION.—The Federal Advisory 
Committee Act (5 U.S.C. App.)— 
(1) shall not apply to the Commission; and 
(2) shall apply to advisory committees estab-
lished under subsection (a)(2). 
(e) NO EFFECT ON AUTHORITY.—Nothing in this 
Act supersedes the authority of the States or the National 
Park Service concerning the commemoration. 
SEC. 7. PERSONNEL MATTERS. 
(a) MEMBERS OF THE COMMISSION.— 
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