[Congressional Record Volume 153, Number 39 (Wednesday, March 7, 2007)]
[Senate]
[Pages S2804-S2807]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CARDIN (for himself, Ms. Mikulski, Mr. Warner, Mr. Webb, 
        Mr. Levin, and Mrs. Clinton):
  S. 798. A bill to establish the Star-Spangled Banner and War of 1812 
Bicentennial Commission, and for other purposes; to the Committee on 
the Judiciary.
  Mr. CARDIN. Mr. President, in just five years, our Nation will 
observe the bicentennial of a defining moment in our Nation's history--
the war of 1812. Sometimes referred to as America's ``Second War of 
Independence,'' the War of 1812 played a critical role in shaping our 
national heritage and identity. To ensure that this anniversary will be 
commemorated properly and in a timely manner, I am today re-introducing 
legislation to establish the Star Spangled Banner National Historic 
Trail and the Star-Spangled Banner and War of 1812 Bicentennial 
Commission. Joining me in co-sponsoring one or more of these measures 
are my colleagues Senators Mikulski, Warner, Webb, Levin, and Clinton. 
I spoke during the 109th Congress about the significance of the War of 
1812, its impact on our Nation's history and culture and the rationale 
for these two measures. I want to highlight some of those principal 
points today.
  The United States declared war on Britain in June 1812, after 
enduring years of naval blockades, trade restrictions with the European 
continent, and seizure of American ships and sailors in the ongoing war 
between Britain and France. With only a small army and practically no 
navy, our young Nation was ill-prepared to face Britain--then the 
world's preeminent naval power. By the summer of 1814 defeat seemed 
certain, with the British combined land and sea invasion of the 
Chesapeake region and the burning of the Capitol, the White House and 
much of the federal city. But in their attack on Baltimore, the British 
met stiff resistance. American patriots successfully defended Fort 
McHenry and the British invasion was repelled. It was during this 
battle that Francis Scott Key witnessed our flag flying intact, despite 
the continuous bombardment, and wrote the words which were to become 
our National Anthem. Today, many historians see the War of 1812 as the 
definitive end of the American Revolution--a war which preserved and 
strengthened our democracy, brought America to the international stage, 
and helped forge our national identity through the symbols of the 
National Anthem and the Star Spangled Banner.
  To commemorate the historic events associated with the War of 1812, 
eight years ago I joined with my predecessor, Senator Paul Sarbanes, in 
sponsoring legislation directing the National Park Service to conduct a 
study of the feasibility and desirability of designating the routes 
used by the British and Americans during the Chesapeake Campaign of the 
War of 1812 as a National Historic Trail. That study was completed in 
March 2004 and recommended that the proposed Star Spangled Banner 
National Historic Trail ``. . . be established by the Congress as a 
national historic trail with commemorative recreation and driving 
routes and water trails.'' The study found that the proposed series of 
land and water trails fully meet the eligibility criteria for 
designation as a National Historic Trail--they retain historic 
integrity, are nationally significant, and have significant potential 
for public recreational use and historic interpretation. The study 
recommended that the trail be managed through a partnership between the 
National Park Service, a trail organization and state and local 
authorities and concluded that the costs of implementing the proposed 
trail would be minimal. The study also recommended that the Congress''. 
. . establish a War of 1812 Bicentennial Commission to coordinate the 
200th anniversary of the War of 1812.''
  The two pieces of legislation I am reintroducing today would 
implement

[[Page S2805]]

these two recommendations of the National Park Service. The first 
measure would authorize the establishment of the Star Spangled Banner 
National Historic Trail, an approximately 290-mile series of land and 
water trails tracing the story of the only combined naval and land 
attack on the United States and the events leading up to the writing of 
the Star Spangled Banner. Sites along the National Historic Trail would 
mark some of the most important events of the War of 1812 including 
battles between the British Navy and the American Chesapeake Flotilla 
in St. Leonard's Creek in Calvert County; the British landing at 
Benedict; the Battle of Bladensburg; the burning of the Nation's 
Capitol, White House and Washington Navy Yard; the British naval feints 
up the Potomac River to Alexandria and on the upper Chesapeake Bay; the 
Battle of North Point; and the successful American defense of Fort 
McHenry on September 14, 1814, which inspired the poem that became our 
National Anthem. The second measure would authorize the establishment 
of a ``Star Spangled Banner and War of 1812 Bicentennial Commission'' 
to plan, coordinate and facilitate programs and other efforts to 
commemorate the historic events associated with the War of 1812. Made 
up, in part, by citizens from the thirty states involved in the War, 
the Commission is tasked with planning, encouraging, developing, 
executing and coordinating programs to ensure a suitable national 
observance of the War of 1812. Both these measures were approved by the 
full Senate during the 109th Congress, but unfortunately were not acted 
upon by the House Committees of jurisdiction.
  With the bicentennial of the War of 1812 quickly approaching, it is 
vital that the Congress move swiftly to approve these measures and 
enable the proper commemoration of this important period in our 
nation's history. The legislation will help provide Americans and 
visitors alike with a better understanding and appreciation of our 
heritage.
  I ask unanimous consent that the text of the two measures I am 
introducing be printed in the Record.
  There being no objection, the texts of the bills were ordered to be 
printed in the Record, as follows:

                                 S. 797

       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 
     National Historic Trail Act''.

     SEC. 2. AUTHORIZATION AND ADMINISTRATION OF TRAIL.

       Section 5(a) of the National Trails System Act (16 U.S.C. 
     1244(a)) is amended by adding at the end the following:
       ``(26) Star-spangled banner national historic trail.--
       ``(A) In general.--The Star-Spangled Banner National 
     Historic Trail, a trail consisting of water and overland 
     routes totaling approximately 290 miles extending from 
     southern Maryland through the District of Columbia and 
     Virginia, and north to Baltimore, Maryland, commemorating the 
     Chesapeake Campaign of the War of 1812 (including the British 
     invasion of Washington, District of Columbia, and its 
     associated feints and the Battle of Baltimore in summer 
     1814), as generally depicted on the maps contained in the 
     report entitled `Star-Spangled Banner National Historic Trail 
     Feasibility Study and Environmental Impact Statement', and 
     dated March 2004.
       ``(B) Map.--A map generally depicting the trail shall be 
     maintained on file and available for public inspection in the 
     appropriate offices of the National Park Service.
       ``(C) Administration.--Subject to subparagraph (E)(ii), the 
     trail shall be administered by the Secretary of the Interior.
       ``(D) Land acquisition.--No land or interest in land 
     outside the exterior boundaries of any federally administered 
     area may be acquired by the United States for the trail 
     except with the consent of the owner of the land or interest 
     in land.
       ``(E) Public participation.--The Secretary of the Interior 
     shall--
       ``(i) encourage communities, owners of land along the 
     trail, and volunteer trail groups to participate in the 
     planning, development, and maintenance of the trail; and
       ``(ii) consult with other affected landowners and Federal, 
     State, and local agencies in the administration of the trail.
       ``(F) Interpretation and assistance.--Subject to the 
     availability of appropriations, the Secretary of the Interior 
     may provide to State and local governments and nonprofit 
     organizations interpretive programs and services and, through 
     Fort McHenry National Monument and Shrine, technical 
     assistance, for use in carrying out preservation and 
     development of, and education relating to the War of 1812 
     along, the trail.''.

                                 S. 798

       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, 
     D.C., 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, 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.--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;

[[Page S2806]]

       (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.

     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 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.

     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,

[[Page S2807]]

     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 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.

     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.
                                 ______