Star-Spangled Banner and War of 1812 Bicentennial Commission Act - Establishes the Star-Spangled Banner and War of 1812 Bicentennial Commission to encourage, plan, develop, coordinate, and execute programs, observances, and activities commemorating the historic events that preceded and are associated with the War of 1812. Requires the Commission to prepare a strategic plan and annual performance plans for any activity carried out by the Commission under this Act.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 959 Introduced in Senate (IS)]
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.
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;
(3) the British occupation of American territory along the
Great Lakes had a far-reaching effect 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, Delaware, Indiana,
Louisiana, Maryland, Michigan, New York, Ohio, and
Virginia; and
(B) includes agencies and entities of each State.
SEC. 4. 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 23
members, of whom--
(A) 9 members shall be qualified citizens appointed
by the Secretary after consideration of nominations
submitted by the Governors of the States;
(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) 8 members shall be qualified citizens appointed
by the Secretary, of whom--
(i) 2 shall be recommended by the majority
leader of the Senate;
(ii) 2 shall be recommended by the minority
leader of the Senate;
(iii) 2 shall be recommended by the
majority leader of the House of
Representatives; and
(iv) 2 shall be recommended by the minority
leader of the House of Representatives; and
(E) 1 member 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, 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.
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 enable necessary
improvements 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 or a member of 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;
(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 be 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.
SEC. 7. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members of the Commission.--
(1) In general.--Except as provided in paragraph (2), a
member of the Commission shall serve without compensation.
(2) Federal employees.--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.
(3) 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.
(b) Staff.--
(1) In general.--The Chairperson of the Commission may,
without regard to the civil service laws (including
regulations), appoint and terminate an executive director and
such other additional personnel as are necessary to enable the
Commission to perform the duties of the Commission.
(2) Confirmation of executive director.--The employment of
an executive director shall be subject to confirmation by the
Commission.
(3) 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 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) Detail of Government Employee.--
(1) Federal employees.--
(A) In general.--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.
(B) Civil service status.--The detail of an
employee under subparagraph (A) shall be 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); and
(B) reimburse States for services of detailed
personnel.
(3) 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.
(4) 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.
(d) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services 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.
(e) Faca Nonapplicability.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Commission.
(f) No Effect on Authority.--Nothing in this section supersedes the
authority of the States or the National Park Service concerning the
commemoration.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(1) In general.--There are authorized to be appropriated to
carry out this Act such sums as are necessary for each of
fiscal years 2006 through 2015.
(2) 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, and
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.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S4571-4572)
Read twice and referred to the Committee on the Judiciary.
Senate Committee on the Judiciary discharged by Unanimous Consent.
Senate Committee on the Judiciary discharged by Unanimous Consent.
Measure laid before Senate by unanimous consent. (consideration: CR S13941-13942)
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
Passed Senate with an amendment by Unanimous Consent.
Received in the House.
Message on Senate action sent to the House.
Referred to the House Committee on Government Reform.
Committee Consideration and Mark-up Session Held.
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Ordered to be Reported (Amended) by Voice Vote.