[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1389 Referred in Senate (RFS)]

  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.

    Be it enacted by the Senate and House of Representatives 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--
            (1) the War of 1812 served as a crucial test for the United 
        States Constitution and the newly established democratic 
        Government;
            (2) vast regions of the new multi-party democracy, 
        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, Illinois, 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, Wisconsin, 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, 
        DC, 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 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 activities of the various States 
        involved in the commemoration;
            (3) encourage War of 1812 observances that provide an 
        excellent visitor experience and beneficial interaction between 
        visitors and the natural and cultural 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 resources and 
        assist in the appropriate development of heritage tourism and 
        economic benefits to the United States.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Commemoration.--The term ``commemoration'' 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, Kentucky, Indiana, 
                Louisiana, Maryland, Vermont, Virginia, New York, 
                Maine, Michigan, and Ohio; and
                    (B) includes agencies and entities of each State.

SEC. 4. STAR-SPANGLED BANNER AND WAR OF 1812 COMMEMORATION COMMISSION.

    (a) In General.--The Secretary shall establish 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 22 
        members, of whom--
                    (A) 11 members shall be qualified citizens 
                appointed by the Secretary after consideration of 
                nominations submitted by the Governors of Alabama, 
                Kentucky, Indiana, Louisiana, Maine, Maryland, 
                Michigan, New York, Ohio, Vermont, and Virginia;
                    (B) 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;
                    (C) 2 members shall be employees of the National 
                Park Service, of whom--
                            (i) 1 shall be the Director of the National 
                        Park Service (or a designee); and
                            (ii) 1 shall be an employee of the National 
                        Park Service having experience relevant to the 
                        commemoration;
                    (D) 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 
                        Representatives;
                            (iv) 1 of which are submitted by the 
                        minority leader of the House of 
                        Representatives; and
                    (E) 2 members shall be appointed by the Secretary 
                from among individuals with expertise in the history of 
                the War of 1812.
            (2) Date of appointments.--The appointment 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.--
            (1) Term.--A member shall be appointed for the life of the 
        Commission.
            (2) Vacancies.--A vacancy on the Commission--
                    (A) shall not affect the powers of the Commission; 
                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 Commission shall hold the initial meeting of the 
Commission.
    (g) Meetings.--Not less than twice a year, the Commission shall 
meet at the call of the chairperson or a majority 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 Commission may be removed by the Secretary and the 
vacancy shall be filled in the same manner as the original appointment 
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 coordinate 
        programs, observances, and activities commemorating 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 National Park Service, the 
        Department of Defense, and other appropriate Federal agencies;
            (4) encourage civic, patriotic, historical, educational, 
        religious, economic, tourism, and other organizations 
        throughout the United States to organize and participate in the 
        commemoration to expand the understanding and appreciation of 
        the significance of the War of 1812;
            (5) provide technical assistance to States, localities, 
        units of the National Park System, and nonprofit organizations 
        to further the commemoration and commemorative events;
            (6) coordinate and facilitate scholarly research on, 
        publication about, and interpretation of the people and events 
        associated with the War of 1812;
            (7) design, develop, and provide for the maintenance of an 
        exhibit that will travel throughout the United States during 
        the commemoration period to interpret events of the War of 1812 
        for the educational 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 resources associated 
        with the War of 1812; and
            (9) examine and review essential facilities and 
        infrastructure at War of 1812 sites and identify possible 
        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 Commission with a value of more than $250, 
        together with the identity of the donor of each gift, bequest, 
        or devise.
            (2) Final report.--Not later than September 30, 2015, the 
        Commission shall submit to the Secretary and Congress a final 
        report that includes--
                    (A) a summary of the activities of the Commission;
                    (B) a final accounting of any funds received 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 accordance 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 programs and products to assist in 
        researching, publishing, marketing, and distributing 
        information relating to the commemoration.
    (b) Legal Agreements.--
            (1) In general.--In carrying out this Act, the Commission 
        may--
                    (A) procure supplies, services, and property; 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 Commission shall not extend beyond 
        the date of termination 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 Commission 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 subsection 
        (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, 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 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 interest, corruption, and any other 
        criminal or civil statute or regulation governing the conduct 
        of Federal 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 employees (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 Commission.
            (2) Status.--The Executive Director and other staff 
        appointed under this subsection shall be considered Federal 
        employees under section 2105 of title 5, United States Code, 
        notwithstanding the requirements of such section.
            (3) Confirmation of executive director.--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 Commission may fix the 
                compensation of the executive 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 General 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 employee of the Federal 
                Government shall serve without compensation in addition 
                to the compensation received for the services of the 
                member as an officer or employee of the Federal 
                Government.
                    (B) Detail.--At the request of the Commission, 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 carrying out the duties of the Commission 
                under this Act.
                    (C) Civil service status.--Notwithstanding any 
                other provisions in this section, Federal employees who 
                serve on the Commission, are detailed to the 
                Commission, or otherwise provide services under the 
                Act, shall continue to be Federal employees for the 
                purpose of any law specific to Federal employees, 
                without interruption or loss of civil service status or 
                privilege.
            (2) State employees.--The Commission may--
                    (A) accept the services of personnel detailed 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 detailed 
                personnel.
    (d) Members of Advisory Committees.--Members 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 chapter 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 determines 
necessary.
    (f) Support Services.--The Director of the National 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 Intermittent 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 appropriated to carry 
out this Act not to exceed $500,000 for each of fiscal years 2008 
through 2015.
    (b) Availability of Funds.--Amounts appropriated 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 materials donated to the Commission that relate to 
the War of 1812, to Fort McHenry National Monument and Historic 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 Judiciary in the Senate.

            Passed the House of Representatives September 24, 2007.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.