[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4402 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 4402
To establish the Hudson-Fulton-Champlain 400th Commemoration
Commission, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 18, 2005
Mr. Hinchey (for himself and Mr. Sanders) introduced the following
bill; which was referred to the Committee on Government Reform
_______________________________________________________________________
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 2005''.
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 two of the most significant passages
in the European exploration and discovery of America, and began
two 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 the Nation's
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 is 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 established a Hudson-
Fulton-Champlain Commission.
(8) In 2003, the State of Vermont established a Lake
Champlain Quadricentennial 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, Vermont, and the
commemorative commissions formed by the States;
(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 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 four 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;
(6) assist in the appropriate development of heritage
tourism and economic benefits to the United States; and
(7) support and facilitate the related efforts of the Lake
Champlain Basin Program in the coordination of efforts to
commemorate the voyage of Samuel de Champlain.
SEC. 3. DEFINITIONS.
In this Act:
(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 and Vermont.
(4) Lake champlain basin program.--The term ``Lake
Champlain Basin Program'' means the partnership with Federal
agencies established by the States of New York and Vermont
under section 120 of the Federal Water Pollution Control Act
(33 U.S.C. 1270) to implement the Lake Champlain management
plan entitled ``Opportunities for Action''.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) States.--The term ``States''--
(A) means the States of New York and Vermont; and
(B) includes agencies and entities of each such
State.
SEC. 4. HUDSON-FULTON-CHAMPLAIN 400TH COMMEMORATION COMMISSION.
(a) In General.--The Secretary shall establish a commission to be
known as the ``Hudson-Fulton-Champlain 400th Commemoration
Commission''.
(b) Membership.--
(1) In general.--The Commission shall be composed of 23
members, of whom--
(A) 2 members shall be appointed by the Secretary,
after consideration of the recommendations of the
Governors;
(B) 8 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) 4 members shall be appointed by the Secretary,
after consideration of the recommendations from the
Members of the Senate from New York 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) 3 members shall be appointed by the Secretary
from among individuals who have an interest in, support
for, and expertise appropriate to, the commemoration,
of whom--
(i) one shall be knowledgeable of the
Hudson River Valley National Heritage Area;
(ii) one shall be knowledgeable of the
Champlain Valley; and
(iii) one shall be knowledgeable of New
York City as it relates to the commemoration;
(F) one member shall be the chairperson of any
commemorative commission formed by New York, or the
designee of the chairperson;
(G) one member shall be the chairperson of any
commemorative commission formed by Vermont, or the
designee of the chairperson; and
(H) two members shall be appointed by the
Secretary, after consideration of the recommendation of
the mayor of the City of New York and after
consultation with Members of the House of
Representatives whose districts encompass the City of
New York.
(2) Term; vacancies.--
(A) Term.--Each 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
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.
(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) Chairperson and vice chairperson.--
(A) The Commission shall elect the chairperson and
the vice chairperson of the Commission on an annual
basis.
(B) The vice chairperson shall serve as the
chairperson in the absence of the chairperson.
(5) Quorum.--A majority of voting members shall constitute
a quorum, but a lesser number may hold meetings.
(6) Voting.--
(A) In general.--The Commission shall act only on
an affirmative vote of a majority of the voting members
of the Commission.
(B) Nonvoting members.--The individuals appointed
under subparagraphs (F) and (G) of paragraph (1) shall
be nonvoting members, and shall serve only in an
advisory capacity.
(c) Duties.--
(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,
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, the Lake Champlain Basin Program, and the
National Endowment for the Humanities and the National
Endowment for the Arts;
(D) encourage civic, patriotic, historical,
educational, artistic, 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;
(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;
(H) assist in ensuring that the observances of the
voyages of Samuel de Champlain and Henry Hudson are
inclusive and appropriately recognize the experiences
and heritage of all people present when Samuel de
Champlain arrived in the Champlain Valley and Henry
Hudson sailed the Hudson River; and
(I) consult and coordinate with the Lake Champlain
Basin Program and other relevant organizations in the
planning and development of programs and activities for
the commemoration of the voyage of Samuel de Champlain.
(2) Strategic plan and 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.
(3) Reports.--
(A) Annual report.--The Commission shall submit to
Congress an annual report that contains a list of each
gift, bequest, or devise with a value of more than
$250, together with the identity of the donor of each
such gift, bequest, or devise.
(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.--
(1) In general.--The Commission may--
(A) solicit, accept, use, and dispose of gifts,
bequests, or devises of money or other real or personal
property for the purpose of aiding or facilitating the
work of the Commission;
(B) appoint such advisory committees as the
Commission determines to be necessary to carry out this
Act;
(C) authorize any member or employee of the
Commission to take any action that the Commission is
authorized to take by this Act;
(D) 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 directly or with
administrative assistance from the Lake Champlain Basin
Program shall not extend beyond the date of the
termination of the Commission);
(E) use the United States mails in the same manner
and under the same conditions as other Federal
agencies;
(F) subject to approval by the Commission, make
grants in amounts not to exceed $20,000 to communities,
nonprofit organizations, commemorative commissions
formed by the States to develop programs to assist in
the commemoration;
(G) make grants in amounts not to exceed $20,000 to
research and scholarly organizations to research,
publish, or distribute information relating to the
early history of the voyages of Hudson, Fulton, and
Champlain; and
(H) provide technical assistance to the States,
localities, and nonprofit organizations to develop
programs and facilities to further the commemoration.
(2) Coordination and consultation with lake champlain basin
program.--The Commission shall coordinate and consult with the
Lake Champlain Basin Program in providing grants and technical
assistance under subparagraphs (F), (G), and (H) of paragraph
(1) for the conduct of activities relating to the commemoration
of the voyage of Samuel de 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.
(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
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 and lake champlain basin program
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 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, and shall transfer all documents and materials of the Commission
to the National Archives or other appropriate Federal entity.
SEC. 5. AUDIT OF COMMISSION.
The Inspector General of the Department of the Interior shall
perform an annual audit of the Commission and shall make the results of
the audit available to the public.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $750,000 for each of fiscal
years 2006 through 2011 to carry out this Act, of which--
(1) 23 percent shall be for New York activities relating to
the Samuel de Champlain commemoration;
(2) 23 percent shall be for Vermont activities relating to
the Samuel de Champlain commemoration;
(3) 32 percent shall be for Hudson Valley activities
relating to the commemoration (as defined in section 3);
(4) 12 percent shall be for New York City activities
relating to the commemoration (as defined in section 3); and
(5) 10 percent shall be for distribution by the Commission
in accordance with this Act for activities relating to the
commemoration (as defined in section 3).
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