[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 5235 Reported in Senate (RS)]
Calendar No. 965
110th CONGRESS
2d Session
H. R. 5235
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 23, 2008
Received
July 24 (legislative day, July 23), 2008
Read twice and referred to the Committee on the Judiciary
September 15, 2008
Reported by Mr. Leahy, with an amendment
[Insert the part printed in italic]
_______________________________________________________________________
AN ACT
To establish the Ronald Reagan Centennial Commission.
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 ``Ronald Reagan Centennial Commission
Act''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the ``Ronald
Reagan Centennial Commission'' (in this Act referred to as the
``Commission'').
SEC. 3. DUTIES OF COMMISSION.
The Commission shall--
(1) plan, develop, and carry out such activities as the
Commission considers fitting and proper to honor Ronald Reagan
on the occasion of the 100th anniversary of his birth;
(2) provide advice and assistance to Federal, State, and
local governmental agencies, as well as civic groups to carry
out activities to honor Ronald Reagan on the occasion of the
100th anniversary of his birth;
(3) develop activities that may be carried out by the
Federal Government to determine whether the activities are
fitting and proper to honor Ronald Reagan on the occasion of
the 100th anniversary of his birth; and
(4) submit to the President and Congress reports pursuant
to section 7.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 11
members as follows:
(1) The Secretary of the Interior.
(2) Four members appointed by the President after
considering the recommendations of the Board of Trustees of the
Ronald Reagan Foundation.
(3) Two Members of the House of Representatives appointed
by the Speaker of the House of Representatives.
(4) One Member of the House of Representatives appointed by
the minority leader of the House of Representatives.
(5) Two Members of the Senate appointed by the majority
leader of the Senate.
(6) One Member of the Senate appointed by the minority
leader of the Senate.
(b) Ex Officio Member.--The Archivist of the United States shall
serve in an ex officio capacity on the Commission to provide advice and
information to the Commission.
(c) Terms.--Each member shall be appointed for the life of the
Commission.
(d) Deadline for Appointment.--All members of the Commission shall
be appointed not later than 90 days after the date of the enactment of
this Act.
(e) Vacancies.--A vacancy on the Commission shall--
(1) not affect the powers of the Commission; and
(2) be filled in the manner in which the original
appointment was made.
(f) Rates of Pay.--Members shall serve without pay.
(g) Travel Expenses.--Each member of the Commission shall be
reimbursed for travel and per diem in lieu of subsistence expenses
during the performance of duties of the Commission while away from home
or his or her regular place of business, in accordance with applicable
provisions under subchapter I of chapter 57 of title 5, United States
Code.
(h) Quorum.--A majority of the members of the Commission shall
constitute a quorum but a lesser number may hold hearings.
(i) Chairperson.--The chairperson of the Commission shall be
elected by a majority vote of the members of the Commission.
SEC. 5. DIRECTOR AND STAFF OF COMMISSION.
(a) Director.--The Commission may appoint an executive director.
The executive director may be paid at a rate not to exceed the maximum
rate of basic pay for GS-15 of the General Schedule.
(b) Staff.--The Commission may appoint and fix the pay of
additional personnel as it considers appropriate except that an
individual so appointed may not receive pay in excess of the maximum
rate of basic pay for GS-13 of the General Schedule.
(c) Applicability of Certain Civil Service Laws.--The executive
director and staff of the Commission may be appointed without regard to
the provisions of title 5, United States Code, governing appointments
in the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates, except as
provided in subsections (a) and (b).
(d) Detail of Federal Employees.--Upon request of the Commission,
the Secretary of the Interior or the Archivist of the United States may
detail, on a reimbursable basis, any of the personnel of that
department or agency to the Commission to assist it in carrying out its
duties under this Act.
(e) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, but at rates for individuals not to exceed the daily
equivalent of the maximum annual rate of basic pay for GS-14 of the
General Schedule.
(f) Volunteer and Uncompensated Services.--Notwithstanding section
1342 of title 31, United States Code, the Commission may accept and use
voluntary and uncompensated services as the Commission determines
necessary.
SEC. 6. POWERS OF COMMISSION.
(a) Hearings.--The Commission may, for the purpose of carrying out
this Act, hold hearings, sit and act at times and places, take
testimony, and receive evidence as the Commission considers
appropriate.
(b) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out its duties under this Act. Upon
request of the chairperson of the Commission, the head of that
department or agency shall furnish that information to the Commission.
(d) Gifts, Bequests, Devises.--The Commission may solicit, accept,
use, and dispose of gifts, bequests, or devises of money, services, or
property, both real and personal, for the purpose of aiding or
facilitating its work.
(e) Available Space.--Upon the request of the Commission, the
Administrator of General Services shall make available nationwide to
the Commission, at a normal rental rate for Federal agencies, such
assistance and facilities as may be necessary for the Commission to
carry out its duties under this Act.
(f) Contract Authority.--To the extent or in the amounts provided
in advance in appropriations Acts, the Commission may enter into
contracts with and compensate government and private agencies or
persons to enable the Commission to discharge its duties under this
Act, without regard to section 3709 of the Revised Statutes (41 U.S.C.
5).
SEC. 7. REPORTS.
(a) Annual Reports.--The Commission shall submit to the President
and the Congress annual reports on the revenue and expenditures of the
Commission, including 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.
(b) Interim Reports.--The Commission may submit to the President
and Congress interim reports as the Commission considers appropriate.
(c) Final Report.--Not later than April 30, 2011, the Commission
shall submit a final report to the President and the Congress
containing--
(1) a summary of the activities of the Commission;
(2) a final accounting of funds received and expended by
the Commission; and
(3) the findings, conclusions, and final recommendations of
the Commission.
SEC. 8. TERMINATION.
(a) In General.--The Commission may terminate on such date as the
Commission may determine after it submits its final report pursuant to
section 7(c), but not later than May 30, 2011.
(b) FACA Nonapplicability.--Section 14(b) of the Federal Advisory
Committee Act (5 U.S.C. App. 2) shall not apply to the Commission.
SEC. 9. ANNUAL AUDIT AND AUTHORIZATION AND AVAILABILITY OF
APPROPRIATIONS.
(a) Authorization.--There is authorized to be appropriated
$1,000,000 to carry out this Act for the period encompassing fiscal
years 2009 through 2011, but not to exceed $500,000 in any fiscal year.
(b) Availability.--
(1) Amounts appropriated pursuant to subsection (a) are
authorized to remain available until expended.
(2) Amounts appropriated pursuant to subsection (a) in
excess of $500,000 shall be available for obligation only to
the extent matched by an equal amount of nongovernmental
contributions.
(c) Annual Audit.--For any fiscal year for which the Commission
receives an appropriation of funds authorized under this section, the
Inspector General of the Department of the Interior shall perform an
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 of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate.
TITLE II--STAR-SPANGLED BANNER AND WAR OF 1812 BICENTENNIAL COMMISSION
ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Star-Spangled Banner and War of
1812 Bicentennial Commission Act''.
SEC. 202. STAR-SPANGLED BANNER AND WAR OF 1812 BICENTENNIAL COMMISSION.
(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 multiparty 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 section 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.
(c) Definitions.--In this section:
(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 subsection (d)(1).
(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.
(d) Star-Spangled Banner and War of 1812 Commemoration
Commission.--
(1) In general.--There is established a commission to be
known as the ``Star-Spangled Banner and War of 1812
Bicentennial Commission''.
(2) Membership.--
(A) In general.--The Commission shall be composed
of 22 members, of whom--
(i) 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;
(ii) 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;
(iii) 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;
(iv) 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; and
(IV) 1 of which are submitted by
the minority leader of the House of
Representatives;
(v) 2 members shall be appointed by the
Secretary from among individuals with expertise
in the history of the War of 1812; and
(vi) of the 6 members described in clauses
(iv) and (v), a majority of these members shall
be from States not otherwise represented on the
Commission under the Act and whose citizens
played a significant role in the War of 1812,
including Rhode Island.
(B) 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.
(3) Term; vacancies.--
(A) Term.--A member shall be appointed for the life
of the Commission.
(B) Vacancies.--A vacancy on the Commission--
(i) shall not affect the powers of the
Commission; and
(ii) shall be filled in the same manner as
the original appointment was made.
(4) Voting.--
(A) In general.--The Commission shall act only on
an affirmative vote of a majority of the members of the
Commission.
(B) Quorum.--A majority of the members of the
Commission shall constitute a quorum.
(5) Chairperson and vice chairperson.--
(A) Selection.--The Commission shall select a
chairperson and a vice chairperson from among the
members of the Commission.
(B) Absence of chairperson.--The vice chairperson
shall act as chairperson in the absence of the
chairperson.
(6) 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.
(7) 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.
(8) 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.
(e) Duties.--
(1) In general.--The Commission shall--
(A) plan, encourage, develop, execute, and
coordinate programs, observances, and activities
commemorating the historic events that preceded and are
associated with the War of 1812;
(B) facilitate the commemoration throughout the
United States and internationally;
(C) coordinate the activities of the Commission
with State commemoration commissions, the National Park
Service, the Department of Defense, and other
appropriate Federal agencies;
(D) 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;
(E) provide technical assistance to States,
localities, units of the National Park System, and
nonprofit organizations to further the commemoration
and commemorative events;
(F) coordinate and facilitate scholarly research
on, publication about, and interpretation of the people
and events associated with the War of 1812;
(G) 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;
(H) 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
(I) 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.
(2) 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 section.
(3) Reports.--
(A) 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.
(B) Final report.--Not later than September 30,
2015, the Commission shall submit to the Secretary and
Congress a final report that includes--
(i) a summary of the activities of the
Commission;
(ii) a final accounting of any funds
received or expended by the Commission; and
(iii) the final disposition of any
historically significant items acquired by the
Commission and other properties not previously
reported.
(f) Powers.--
(1) In general.--The Commission may--
(A) 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;
(B) appoint such advisory committees as the
Commission determines to be necessary to carry out this
section;
(C) authorize any member or employee of the
Commission to take any action the Commission is
authorized to take under this section;
(D) use the United States mails in the same manner
and under the same conditions as other agencies of the
Federal Government; and
(E) 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.
(2) Legal agreements.--
(A) In general.--In carrying out this section, the
Commission may--
(i) procure supplies, services, and
property; and
(ii) make or enter into contracts, leases,
or other legal agreements.
(B) 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.
(3) Information from federal agencies.--
(A) In general.--The Commission may secure directly
from a Federal agency such information as the
Commission considers necessary to carry out this
section.
(B) 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.
(4) FACA nonapplicability.--Section 14(b) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
(5) No effect on authority.--Nothing in this section
supersedes the authority of the States or the National Park
Service concerning the commemoration.
(g) Personnel Matters.--
(1) Members of the commission.--
(A) In general.--Except as provided in paragraph
(3)(A), a member of the Commission shall serve without
compensation.
(B) 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.
(C) 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.
(2) Executive director and other staff.--
(A) 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.
(B) Status.--The Executive Director and other staff
appointed under this paragraph shall be considered
Federal employees under section 2105 of title 5, United
States Code, notwithstanding the requirements of such
section.
(C) Confirmation of executive director.--The
employment of an executive director shall be subject to
confirmation by the Commission.
(D) Compensation.--
(i) In general.--Except as provided in
clause (ii), 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.
(ii) 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.
(3) Government employees.--
(A) Federal employees.--
(i) 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.
(ii) 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 section.
(iii) Civil service status.--
Notwithstanding any other provisions in this
subsection, Federal employees who serve on the
Commission, are detailed to the Commission, or
otherwise provide services under this section,
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.
(B) State employees.--The Commission may--
(i) 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
(ii) reimburse States for services of
detailed personnel.
(4) Members of advisory committees.--Members of advisory
committees appointed under subsection (f)(1)(B)--
(A) 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
(B) 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.
(5) 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.
(6) 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.
(7) 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.
(h) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section not to exceed $500,000 for each of
fiscal years 2008 through 2015.
(2) Availability of funds.--Amounts appropriated under this
subsection for any fiscal year shall remain available until
December 31, 2015.
(i) Termination of Commission.--
(1) In general.--The Commission shall terminate on December
31, 2015.
(2) 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.
(3) Disposition of funds.--Any funds held by the Commission
on the date of termination shall be deposited in the general
fund of the Treasury.
(4) 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 of the House of Representatives
and the Committee on the Judiciary of the Senate.
Calendar No. 965
110th CONGRESS
2d Session
H. R. 5235
_______________________________________________________________________
AN ACT
To establish the Ronald Reagan Centennial Commission.
_______________________________________________________________________
September 15, 2008
Reported with an amendment