[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2738 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2738

 To establish a Commission to commemorate the 400th anniversary of the 
 arrival of Samuel de Champlain in the Champlain Valley and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 22, 2004

Mr. Leahy (for himself and Mr. Jeffords) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To establish a Commission to commemorate the 400th anniversary of the 
 arrival of Samuel de Champlain in the Champlain Valley 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 ``Samuel de Champlain 400th 
Commemoration Commission Act of 2004''.

 SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) Samuel de Champlain (1567-1635) was a French explorer 
        and navigator who mapped much of northeastern North America and 
        established a settlement in Quebec;
            (2) in 1609, Champlain entered the valley where he observed 
        the lake that today carries his name, Lake Champlain, which 
        borders the States of Vermont and New York and a portion of the 
        border between Canada and the United States;
            (3) the 8,234 square mile Lake Champlain Basin is an 
        extraordinary cultural, historical, and recreational resource 
        that had a significant role in the history and culture of pre-
        European America, colonial North America, and the formation and 
        early development of the United States;
            (4) Lake Champlain has a recognized national significance, 
        not only for scenic beauty, but also for the impact of the lake 
        on the local, regional, and national economy;
            (5) Lake Champlain is supported by a watershed of more than 
        8,200 square miles and supports a regional economy of more than 
        $9,000,000,000;
            (6) the importance of Lake Champlain spreads throughout the 
        Northeast, because residents of New England and the Mid-
        Atlantic States cherish the lake and the resources of the lake 
        for recreational, ecological, and scenic values; and
            (7) the States of Vermont and New York have both 
        established Champlain 400th Commemoration Commissions.
    (b) Purpose.--
            (1) In general.--The purpose of this Act is to establish 
        the Samuel de Champlain 400th Commemoration Commission to 
        provide technical and financial assistance to the States of 
        Vermont and New York and communities in the States to 
        commemorate--
                    (A) the arrival of Samuel de Champlain into the 
                Champlain Valley; and
                    (B) the heritage of the greater Lake Champlain 
                Basin.
            (2) Inclusions.--The assistance described in paragraph (1) 
        shall, at a minimum--
                    (A) ensure a suitable national observance, in 2009, 
                of the Samuel de Champlain anniversary by complementing 
                the programs and activities of the States of Vermont 
                and New York;
                    (B) cooperate with and assist the programs and 
                activities of the States in commemorating the Samuel de 
                Champlain 2009 anniversary;
                    (C) assist in ensuring that the commemoration 
                provides an excellent visitor experience and beneficial 
                interaction between visitors and the natural and 
                cultural resources of the Champlain Valley;
                    (D) assist in ensuring that the Samuel de Champlain 
                2009 observances are inclusive and appropriately 
                recognize the experiences and heritage of all peoples 
                present when Samuel de Champlain arrived in the 
                Champlain Valley;
                    (E) provide assistance to States, localities, and 
                nonprofit organizations in the development of programs, 
                activities, and facilities to recognize the cultural 
                and historical significance of Lake Champlain;
                    (F) facilitate international involvement in the 
                Samuel de Champlain 2009 commemoration;
                    (G) support and facilitate marketing efforts for a 
                commemorative coin, stamp, and related activities for 
                the Samuel de Champlain commemoration;
                    (H) support and facilitate the related efforts of 
                the Lake Champlain Basin Program and the Champlain 
                400th Commemoration Commissions established by the 
                States of Vermont and New York; and
                    (I) 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 400th anniversary of Samuel de Champlain 
        first arriving in the Champlain Valley in 1609.
            (2) Commission.--The term ``Commission'' means the Samuel 
        de Champlain 400th Commemoration Commission established by 
        section 4(a).
            (3) Governor.--The term ``Governor'' means the Governor of 
        each State.
            (4) Lake champlain basin program.--The term ``Lake 
        Champlain Basin Program'' means the partnership with Federal 
        agencies established by the States of Vermont and New York to 
        implement the Lake Champlain management plan entitled 
        ``Opportunities for Action''.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State.--
                    (A) In general.--The term ``State'' means--
                            (i) the State of Vermont; and
                            (ii) the State of New York.
                    (B) Inclusions.--The term ``State'' includes 
                agencies and entities of each State specified in 
                subparagraph (A).

 SEC. 4. SAMUEL DE CHAMPLAIN 400TH COMMEMORATION COMMISSION.

    (a) In General.--There is established a commission to be known as 
the ``Samuel de Champlain 400th Commemoration Commission''.
    (b) Membership.--
            (1) In general.--The Commission shall be composed of 13 
        members, of whom--
                    (A) 4 members shall be appointed by the Secretary 
                from the Champlain 400th Commemoration Commission 
                established by the State of Vermont, after 
                consideration of the recommendations of the Governor of 
                Vermont;
                    (B) 4 members shall be appointed by the Secretary, 
                from the Champlain 400th Commemoration Commission 
                established by the State of New York, after 
                consideration of the recommendations of the Governor of 
                New York;
                    (C) 2 members shall be employees of the National 
                Park Service, of whom--
                            (i) 1 member shall be the Director of the 
                        National Park Service (or a designee); and
                            (ii) 1 member shall be an employee of the 
                        National Park Service having experience 
                        relevant to the commemoration, to be appointed 
                        by the Secretary; and
                    (D) 3 members shall be individuals that have an 
                interest in, support for, and expertise appropriate to, 
                the commemoration, to be appointed by the Secretary.
            (2) Term; vacancies.--
                    (A) Term.--A member of the Commission shall be 
                appointed for the life of the Commission.
                    (B) Vacancies.--
                            (i) In general.--A vacancy on the 
                        Commission shall be filled in the same manner 
                        as 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.
            (3) Meetings.--
                    (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.
            (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) In general.--The Commission shall annually 
                elect the Chairperson and the Vice Chairperson of the 
                Commission from among the members of the Commission.
                    (B) Authority.--The Vice Chairperson shall serve as 
                the Chairperson in the absence of the Chairperson.
    (c) Duties.--
            (1) In general.--The Commission shall--
                    (A) plan, develop, and execute programs and 
                activities appropriate for the commemoration;
                    (B) generally facilitate activities relating to the 
                commemoration throughout the United States;
                    (C) 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 
                Lake Champlain;
                    (D) consult with the Lake Champlain Basin Program 
                and other relevant organizations to plan and develop 
                programs and activities for the commemoration;
                    (E) provide technical assistance to States, 
                localities, and nonprofit organizations to carry out 
                activities relating to the commemoration;
                    (F) coordinate and facilitate public scholarly 
                research on the history of Samuel de Champlain and the 
                Lake Champlain basin; and
                    (G) ensure that the commemoration provides a 
                lasting legacy and long-term public benefit by 
                assisting in the development of appropriate programs, 
                projects, and facilities.
            (2) Plans; reports.--
                    (A) Strategic plan; annual performance plans.--In 
                accordance with section 306 of title 5, United States 
                Code, and section 1115 of title 31, United States Code, 
                the Commission shall prepare a strategic plan and 
                annual performance plans 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) accept and dispose of donations of money, personal 
        services, and personal property related to the settling of the 
        Champlain Basin and the significance of Lake 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, either 
        directly or with administrative assistance from the Lake 
        Champlain Basin Program, 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, with assistance 
        from the Lake Champlain Basin Program, make grants in amounts 
        not to exceed $25,000 to communities and nonprofit 
        organizations to develop programs and facilities to assist in 
        the commemoration and recognition of Lake Champlain cultural 
        and historical resources and projects;
            (7) make grants to research and scholarly organizations to 
        research, publish, or distribute information relating to the 
        early history of the Champlain Valley; and
            (8) provide technical assistance to States, localities, and 
        nonprofit organizations to further the commemoration.
    (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.
            (2) Staff.--
                    (A) 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, 
                including personnel appointed from the Lake Champlain 
                Basin Program, 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.--
                    (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.--
                    (A) Federal 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.
                    (C) Lake champlain basin program employees.--The 
                Commission may--
                            (i) accept the services of personnel from 
                        the Lake Champlain Basin Program; and
                            (ii) reimburse the Lake Champlain Basin 
                        Program for the 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.

 SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

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