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 
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 
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. 
(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 NONAPPLICABILITY.—Section 14(b) of the 
Federal Advisory Committees Act (5 U.S.C. App.) shall 
not apply to the Commission. 
(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.—
(1) IN GENERAL.—Except as provided in sub-
section (c)(1)(A), a member of the Commission shall 
serve without compensation. 
(2) TRAVEL
EXPENSES.—A member of the 
Commission shall be allowed travel expenses, includ-
ing per diem in lieu of subsistence, at rates author-
ized for an employee of an agency under subchapter 
I of chapter 57 of title 5, United States Code, while 
away from the home or regular place of business of 
the member in the performance of the duties of the 
Commission. 
(3) STATUS.—A member of the Commission, 
who is not otherwise a Federal employee, shall be 
considered a Federal employee only for purposes of 
the provisions of law related to ethics, conflicts of in-
terest, corruption, and any other criminal or civil 
statute or regulation governing the conduct of Fed-
eral employees. 
(b) EXECUTIVE DIRECTOR AND OTHER STAFF.— 
(1) IN
GENERAL.—The Chairperson of the 
Commission may, without regard to the provisions of 
title 5, United States Code, governing appointments 
in the competitive service and termination of employ-
ees (including regulations), appoint and terminate 
an executive director, subject to confirmation by the
Commission, and appoint and terminate such other 
additional personnel as are necessary to enable the 
Commission to perform the duties of the Commis-
sion. 
(2) STATUS.—The Executive Director and other 
staff appointed under this subsection shall be consid-
ered Federal employees under section 2105 of title 
5, United States Code, notwithstanding the require-
ments of such section. 
(3) CONFIRMATION
OF
EXECUTIVE
DIREC-
TOR.—The employment of an executive director shall 
be subject to confirmation by the Commission. 
(4) COMPENSATION.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Chairperson of the Com-
mission may fix the compensation of the execu-
tive director and other personnel without regard 
to the provisions of chapter 51 and subchapter 
III of chapter 53 of title 5, United States Code, 
relating to classification of positions and Gen-
eral Schedule pay rates. 
(B) MAXIMUM RATE OF PAY.—The rate of 
basic pay for the executive director and other 
personnel shall not exceed the rate payable for
level V of the Executive Schedule under section 
5316 of title 5, United States Code. 
(c) GOVERNMENT EMPLOYEES.— 
(1) FEDERAL EMPLOYEES.— 
(A) SERVICE ON COMMISSION.—A member 
of the Commission who is an officer or em-
ployee of the Federal Government shall serve 
without compensation in addition to the com-
pensation received for the services of the mem-
ber as an officer or employee of the Federal 
Government. 
(B) DETAIL.—At the request of the Com-
mission, the head of any Federal agency may 
detail, on a reimbursable or nonreimbursable 
basis, any of the personnel of the agency to the 
Commission to assist the Commission in car-
rying out the duties of the Commission under 
this Act. 
(C) CIVIL
SERVICE
STATUS.—Notwith-
standing any other provisions in this section, 
Federal employees who serve on the Commis-
sion, are detailed to the Commission, or other-
wise provide services under the Act, shall con-
tinue to be Federal employees for the purpose 
of any law specific to Federal employees, with-
out interruption or loss of civil service status or 
privilege. 
(2) 
STATE
EMPLOYEES.—The 
Commission 
may— 
(A) accept the services of personnel de-
tailed from States (including subdivisions of 
States) under subchapter VI of chapter 33 of 
title 5, United States Code; and 
(B) reimburse States for services of de-
tailed personnel. 
(d) MEMBERS OF ADVISORY COMMITTEES.—Mem-
bers of advisory committees appointed under section 
6(a)(2)— 
(1) shall not be considered employees of the 
Federal Government by reason of service on the 
committees for the purpose of any law specific to 
Federal employees, except for the purposes of chap-
ter 11 of title 18, United States Code, relating to 
conflicts of interest; and 
(2) may be paid travel expenses, including per 
diem in lieu of subsistence, at rates authorized for 
an employee of an agency under subchapter I of 
chapter 57 of title 5, United States Code, while 
away from the home or regular place of business of
the member in the performance of the duties of the 
committee. 
(e) VOLUNTEER AND UNCOMPENSATED SERVICES.— 
Notwithstanding section 1342 of title 31, United States 
Code, the Commission may accept and use such voluntary 
and uncompensated services as the Commission deter-
mines necessary. 
(f) SUPPORT SERVICES.—The Director of the Na-
tional Park Service shall provide to the Commission, on 
a reimbursable basis, such administrative support services 
as the Commission may request. 
(g) PROCUREMENT OF TEMPORARY AND INTERMIT-
TENT SERVICES.—The Chairperson of the Commission 
may employ experts and consultants on a temporary or 
intermittent basis in accordance with section 3109(b) of 
title 5, United States Code, at rates for individuals that 
do not exceed the daily equivalent of the annual rate of 
basic pay prescribed for level V of the Executive Schedule 
under section 5316 of that title. Such personnel shall be 
considered Federal employees under section 2105 of title 
5, United States Code, notwithstanding the requirements 
of such section.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appro-
priated to carry out this Act not to exceed $500,000 for 
each of fiscal years 2008 through 2015. 
(b) AVAILABILITY
OF
FUNDS.—Amounts appro-
priated under this section for any fiscal year shall remain 
available until December 31, 2015. 
SEC. 9. TERMINATION OF COMMISSION. 
(a) IN GENERAL.—The Commission shall terminate 
on December 31, 2015. 
(b) TRANSFER OF MATERIALS.—Not later than the 
date of termination, the Commission shall transfer any 
documents, materials, books, manuscripts, miscellaneous 
printed matter, memorabilia, relics, exhibits, and any ma-
terials donated to the Commission that relate to the War 
of 1812, to Fort McHenry National Monument and His-
toric Shrine. 
(c) DISPOSITION OF FUNDS.—Any funds held by the 
Commission on the date of termination shall be deposited 
in the general fund of the Treasury. 
(d) ANNUAL AUDIT.—The Inspector General of the 
Department of the Interior shall perform an annual audit 
of the Commission, shall make the results of the audit 
available to the public, and shall transmit such results to 
the Committee on Oversight and Government Reform in
the House of Representatives and the Committee on Judi-
ciary in the Senate. 
Passed the House of Representatives September 24, 
2007. 
Attest: 
Clerk.
110TH CONGRESS 
1ST SESSION 
H. R. 1389 
AN ACT 
To establish the Star-Spangled Banner and War of 
1812 Bicentennial Commission, and for other 
purposes.