Short title

This Act may be cited as the

Star-Spangled Banner and War of 1812 Bicentennial Commission Act

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.

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, Virginia, New York, Maine, Michigan, and Ohio; and (B)includes agencies and entities of each State.

Star-Spangled Banner and War of 1812 Commemoration 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 National Park Service (or a designee); and (ii)1 shall be an employee of the National Park Service having experience relevant 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 Representatives; (iv)1 of which are submitted by the minority leader of the House of Representatives; and (F)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.

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.

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 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 established 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.

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.

Authorization of appropriations

(a)

In general

There are authorized to be appropriated to carry out this Act such sums as are necessary 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.

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.