[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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