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Hudson-Fulton-Champlain 400th Commemoration Commission Act of 2003 (Introduced in Senate)
S 1311 IS
108th CONGRESS
1st Session
S. 1311
To establish the Hudson-Fulton-Champlain 400th Commemoration Commission, and for other purposes.
IN THE SENATE OF THE UNITED STATES
June 23, 2003
Mrs. CLINTON (for herself and Mr. SCHUMER) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
A BILL
To establish the Hudson-Fulton-Champlain 400th Commemoration 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 `Hudson-Fulton-Champlain 400th Commemoration Commission Act of 2003'.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS- The Congress finds the following:
(1) The first European exploration of the Hudson River and Lake Champlain and the introduction of steam navigation to maritime commerce were events of major historical importance, both in the United States and internationally.
(2) In 1609, Englishman Henry Hudson, acting in service of the Dutch East India Company, was the first European to sail up the river later named for him in the vessel HALF MOON, and French explorer Samuel de Champlain was the first European to see the lake later named for him.
(3) These voyages were 2 of the most significant passages in the European exploration and discovery of America, and began 2 of the earliest contacts in the New World between Native Americans and Europeans.
(4) These explorations led to the establishment of Fort Orange, a Dutch and later English settlement of what is now the capital city of the State of New York, and settlement of French Quebec settlements as far south as Lake George. From these early settlements came an influence on our history, culture, law, commerce, and traditions of liberty which extends to the present day, and which is constantly reflected in the position of the United States as the leader of the nations of the free world.
(5) In 1807, Robert Fulton navigated the Hudson River from the city of New York to Albany in the steamboat CLERMONT, successfully inaugurating steam navigation on a commercial basis. This event was one of the most important events in the history of navigation. It revolutionized waterborne commerce on the great rivers of the United States, transformed naval warfare, and fostered international relations through transoceanic travel and trade.
(6) The National Park Service owns and operates significant resources in New York related to the early history of the nation and the Hudson River Valley.
(7) In 2002 the State of New York enacted legislation establishing a State Hudson-Fulton-Champlain Commission.
(b) PURPOSE- The purpose of this Act is to establish the Hudson-Fulton-Champlain 400th Commemoration Commission to--
(1) ensure a suitable national observance of the Henry Hudson, Robert Fulton, and Samuel de Champlain 2009 anniversaries through cooperation with and assistance to the programs and activities of New York, New Jersey, and Vermont;
(2) assist in ensuring that Hudson-Fulton-Champlain 2009 observances provide an excellent visitor experience and beneficial interaction between visitors and the natural and cultural resources of the New York, New Jersey, and Vermont sites;
(3) assist in ensuring that Hudson-Fulton-Champlain 2009 observances are inclusive and appropriately recognize the diverse Hudson River and Lake Champlain communities that developed over 4 centuries;
(4) facilitate international involvement in the Hudson-Fulton-Champlain 2009 observances;
(5) support and facilitate marketing efforts for a commemorative coin, a commemorative stamp, and related activities for the Hudson-Fulton-Champlain 2009 observances; and
(6) assist in the appropriate development of heritage tourism and economic benefits to the United States.
SEC. 3. DEFINITIONS.
(1) COMMEMORATION- The term `commemoration' means the commemoration of--
(A) the 200th anniversary of Robert Fulton's voyage in the CLERMONT;
(B) the 400th anniversary of Henry Hudson's voyage in the HALF MOON; and
(C) the 400th anniversary of Samuel de Champlain's voyage.
(2) COMMISSION- The term `Commission' means the Hudson-Fulton-Champlain 400th Commemoration Commission established by section 4(a).
(3) GOVERNORS- The term `Governors' means the Governors of the States of New York, New Jersey, and Vermont.
(4) SECRETARY- The term `Secretary' means the Secretary of the Interior.
(5) STATES- The term `States'--
(A) means the States of New York, New Jersey, and Vermont; and
(B) includes agencies and entities of each such State.
SEC. 4. HUDSON-FULTON-CHAMPLAIN 400TH COMMEMORATION COMMISSION.
(a) IN GENERAL- There is established a commission to be known as the `Hudson-Fulton-Champlain 400th Commemoration Commission'.
(1) IN GENERAL- The Commission shall be composed of 31 members, of whom--
(A) 3 members shall be appointed by the Secretary, after consideration of the recommendations of the Governors;
(B) 13 members shall be appointed by the Secretary, after consideration of the recommendations from the Members of the House of Representatives whose districts encompass the Hudson River Valley and Champlain Valley;
(C) 6 members shall be appointed by the Secretary, after consideration of the recommendations from the Members of the Senate from New York, New Jersey, and Vermont;
(D) 2 members shall be employees of the National Park Service, of whom--
(i) one shall be the Director of the National Park Service (or a designee); and
(ii) one shall be an employee of the National Park Service having experience relevant to the commemoration, who shall be appointed by the Secretary;
(E) one member shall be appointed by the Secretary, and shall be an individual knowledgeable of the Hudson River Valley National Heritage Area; and
(F) 6 members shall be appointed by the Secretary, and shall be individuals that have an interest in, support for, and expertise appropriate to, the commemoration.
(A) TERM- Each member of the Commission shall be appointed for the life of the Commission.
(i) IN GENERAL- A vacancy on the Commission shall be filled in the same manner in which the original appointment was made.
(ii) PARTIAL TERM- A member appointed to fill a vacancy on the Commission shall serve for the remainder of the term for which the predecessor of the member was appointed.
(A) IN GENERAL- The Commission shall meet--
(i) at least twice each year; or
(ii) at the call of the Chairperson or the majority of the members of the Commission.
(B) INITIAL MEETING- Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission.
(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 Commission shall constitute a quorum.
(5) CHAIRPERSON AND VICE CHAIRPERSON-
(A) ELECTION- The Commission shall elect the chairperson and the vice chairperson of the Commission on an annual basis.
(B) VACANCY- The vice chairperson shall serve as the chairperson in the absence of the chairperson.
(1) IN GENERAL- The Commission shall--
(A) plan, develop, and execute programs and activities appropriate to commemorate the 400th anniversary of the voyage of Henry Hudson, the first European to sail up the Hudson River, the 200th anniversary of the voyage of Robert Fulton, the first person to use steam navigation on a commercial basis, and the 400th anniversary of the voyage of Samuel de Champlain, the first European to discover and explore Lake Champlain;
(B) facilitate Hudson-Fulton-Champlain-related activities throughout the United States;
(C) coordinate its activities with State commemoration commissions and appropriate Federal Government agencies, including the Departments of Agriculture, Defense, State, and Transportation, the National Park Service with respect to the Hudson River Valley National Heritage Area, and the American Heritage Rivers Initiative Interagency Committee established by Executive Order 13061, dated September 11, 1997;
(D) encourage civic, patriotic, historical, educational, religious, economic, and other organizations throughout the United States to organize and participate in anniversary activities to expand the understanding and appreciation of the significance of the voyages of Henry
Hudson, Robert Fulton, and Samuel de Champlain;
(E) provide technical assistance to States, localities, and nonprofit organizations to further the commemoration;
(F) coordinate and facilitate for the public scholarly research on, publication about, and interpretation of, the voyages of Henry Hudson, Robert Fulton, and Samuel de Champlain; and
(G) ensure that the Hudson-Fulton-Champlain 2009 anniversaries provide a lasting legacy and long-term public benefit by assisting in the development of appropriate programs and facilities.
(A) STRATEGIC PLAN; ANNUAL PERFORMANCE PLANS- The Commission shall prepare a strategic plan in accordance with section 306 of title 5, United States Code, and annual performance plans in accordance with section 1115 of title 31, United States Code, for the activities of the Commission carried out under this Act.
(B) FINAL REPORT- Not later than September 30, 2010, the Commission shall submit to the Secretary a final report that contains--
(i) a summary of the activities of the Commission;
(ii) a final accounting of funds received and expended by the Commission; and
(iii) the findings and recommendations of the Commission.
(d) POWERS OF THE COMMISSION- The Commission may--
(1) disperse funds, and accept donations of personal services and real and personal property related to Hudson-Fulton-Champlain 2009 commemoration and of the significance of Hudson, Fulton, and Champlain in the history of the United States;
(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 that the Commission is authorized to take by this Act;
(4) procure supplies, services, and property, and make or enter into contracts, leases, or other legal agreements, to carry out this Act (except that any contracts, leases, or other legal agreements made or entered into by the Commission shall not extend beyond the date of termination of the Commission);
(5) use the United States mails in the same manner and under the same conditions as other Federal agencies;
(6) subject to approval by the Commission, make grants in amounts not to exceed $20,000 to communities and nonprofit organizations to develop programs to assist in the commemoration; and
(7) make grants to research and scholarly organizations to research, publish, or distribute information relating to the history of the voyages of Hudson, Fulton, and Champlain.
(e) COMMISSION PERSONNEL MATTERS-
(1) COMPENSATION OF MEMBERS OF THE COMMISSION-
(A) IN GENERAL- Except as provided in subparagraph (B), a member of the Commission shall serve without compensation.
(B) 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.
(C) 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.
(A) IN GENERAL- The Chairperson of the Commission may, without regard to the civil service laws and 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.
(B) CONFIRMATION OF EXECUTIVE DIRECTOR- The employment of an executive director shall be subject to confirmation by the Commission.
(3) COMPENSATION OF STAFF-
(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.
(4) DETAIL OF GOVERNMENT EMPLOYEES-
(i) 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.
(ii) CIVIL SERVICE STATUS- The detail of an employee under clause (i) shall be 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); and
(ii) reimburse States for services of detailed personnel.
(5) 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.
(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.
(f) 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.
(g) FACA NONAPPLICABILITY- Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.
(h) NO EFFECT ON AUTHORITY- Nothing in this section supersedes the authority of the States or the National Park Service concerning the commemoration.
(i) TERMINATION- The Commission shall terminate on December 31, 2010.
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