Text: S.1148 — 110th Congress (2007-2008)All Bill Information (Except Text)

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Reported to Senate (09/17/2007)

Calendar No. 377

110th CONGRESS
1st Session
S. 1148

[Report No. 110–179]


To establish the Champlain Quadricentennial Commemoration Commission and the Hudson-Fulton 400th Commemoration Commission, and for other purposes.


IN THE SENATE OF THE UNITED STATES
April 18, 2007

Mrs. Clinton (for herself, Mr. Schumer, Mr. Leahy, and Mr. Sanders) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

September 17, 2007

Reported by Mr. Bingaman, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]


A BILL

To establish the Champlain Quadricentennial Commemoration Commission and the Hudson-Fulton 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; table of contents.

(a) Short title.—This Act may be cited as the “Hudson-Fulton-Champlain Quadricentennial Commemoration Commission Act of 2007”.

(b) Table of contents.—The table of contents of this Act is as follows:


Sec. 1. Short title; table of contents.

Sec. 2. Findings; purpose.

Sec. 3. Coordination.

Sec. 101. Definitions.

Sec. 102. Establishment of Champlain Commission.

Sec. 103. Duties.

Sec. 104. Powers.

Sec. 105. Champlain Commission personnel matters.

Sec. 106. Audit of Champlain Commission.

Sec. 107. Authorization of appropriations.

Sec. 108. Termination of Champlain Commission.

Sec. 201. Definitions.

Sec. 202. Establishment of Hudson-Fulton Commission.

Sec. 203. Duties.

Sec. 204. Powers.

Sec. 205. Hudson-Fulton Commission personnel matters.

Sec. 206. Audit of Hudson-Fulton Commission.

Sec. 207. Authorization of appropriations.

Sec. 208. Termination of Hudson-Fulton Commission.

SEC. 2. Findings; purpose.

(a) Findings.—Congress finds that—

(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—

(A) 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

(B) French explorer Samuel de Champlain was the first European to see—

(i) the lake later named for him; and

(ii) the shores of the northern regions of the States of New York and Vermont;

(3) those voyages—

(A) were 2 of the most significant passages in the European exploration and discovery of America; and

(B) began 2 of the earliest contacts in the New World between Native Americans and Europeans;

(4) those explorations led to the establishment of—

(A) Fort Orange, a Dutch, and later English, settlement of what is now the capital city of the State of New York; and

(B) French Quebec settlements as far south as Lake George;

(5) the establishment of the settlements described in paragraph (4) extended the trade, commerce, culture, and religion of the European settlers deep into the Mohawk Valley and as far west as Lake Erie;

(6) the early settlements of Fort George and the numerous French Quebec settlements influenced the history, culture, law, commerce, and traditions of liberty of the United States that—

(A) extend to the present day; and

(B) are constantly reflected in the position of the United States as the leader of the countries of the free world;

(7) 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;

(8) the successful navigation of the Hudson River was 1 of the most important events in the history of navigation because that navigation—

(A) revolutionized waterborne commerce on the great rivers of the United States;

(B) transformed naval warfare; and

(C) fostered international relations through transoceanic travel and trade; and

(9) in 2000, the province of Quebec—

(A) established a commission known as the “Quebec 400 Commission”;

(B) granted to the Quebec 400 Commission a budget of an amount not less than $1,000,000; and

(C) included in the responsibilities of the Quebec 400 Commission a commemoration of the Champlain voyage of 1609.

(b) Purposes.—The purposes of this Act are to establish the Champlain Commission and the Hudson-Fulton Commission—

(1) to ensure a suitable national observance of the anniversaries of Henry Hudson, Robert Fulton, and Samuel de Champlain in 2009 through cooperation with, and assistance to, the programs and activities of the States of New York and Vermont, and the commemorative commissions formed by those States;

(2) to 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 sites located in the States;

(3) to 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) to facilitate international involvement (including the involvement of the Quebec 400 Commission) in the Hudson-Fulton-Champlain 2009 observances;

(5) to support and facilitate marketing efforts for—

(A) a commemorative coin;

(B) a commemorative stamp; and

(C) related activities for the Hudson-Fulton-Champlain 2009 observances;

(6) to assist in the appropriate development of heritage tourism and economic benefits to the United States; and

(7) to 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. Coordination.

Each commission established under this Act shall coordinate with the other respective commission established under this Act to ensure that commemorations of Henry Hudson, Robert Fulton, and Samuel de Champlain are—

(1) consistent with the plans and programs of the commemorative commissions established by the States of New York and Vermont; and

(2) well-organized and successful.

SEC. 101. Definitions.

In this title:

(1) CHAMPLAIN COMMISSION.—The term “Champlain Commission” means the Champlain Quadricentennial Commemoration Commission established by section 102(a).

(2) COMMEMORATION.—The term “commemoration” means the commemoration of the 400th anniversary of the voyage of Samuel de Champlain.

(3) LAKE CHAMPLAIN BASIN PROGRAM.—The term “Lake Champlain Basin Program” means the partnership established by section 120 of the Federal Water Pollution Control Act (33 U.S.C. 1270) between the States of New York and Vermont and Federal agencies to carry out the Lake Champlain management plan entitled, “Opportunities for Action: An Evolving Plan for the Lake Champlain Basin”.

(4) SECRETARY.—The term “Secretary” means the Secretary of the Interior.

(5) STATES.—

(A) IN GENERAL.—The term “States” means the States of New York and Vermont.

(B) INCLUSIONS.—The term “States” includes political subdivisions of the States.

SEC. 102. Establishment of Champlain Commission.

(a) In general.—There is established a commission to be known as the “Champlain Quadricentennial Commemoration Commission”.

(b) Membership.—

(1) COMPOSITION.—The Champlain Commission shall be composed of 11 members, of whom—

(A) 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, who shall be appointed by the Secretary;

(B) 4 members shall be appointed by the Secretary from among individuals who, on the date of enactment of this Act, are—

(i) serving as members of the Hudson-Fulton-Champlain Quadricentennial Commission of the State of New York; and

(ii) residents of Champlain Valley, New York;

(C) 4 members shall be appointed by the Secretary from among individuals who, on the date of enactment of this Act, are—

(i) serving as members of the Lake Champlain Quadricentennial Commission of the State of Vermont; and

(ii) residents of the State of Vermont; and

(D) 1 member shall be appointed by the Secretary, and shall be an individual who has—

(i) an interest in, support for, and expertise appropriate with respect to, the commemoration; and

(ii) knowledge relating to the history of the Champlain Valley.

(2) TERM; VACANCIES.—

(A) TERM.—A member of the Champlain Commission shall be appointed for the life of the Champlain Commission.

(B) VACANCIES.—

(i) IN GENERAL.—A vacancy on the Champlain 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 Champlain Commission shall serve for the remainder of the term for which the predecessor of the member was appointed.

(3) INITIAL MEETING.—Not later than 30 days after the date on which all members of the Champlain Commission have been appointed, the Champlain Commission shall hold the initial meeting of the Champlain Commission.

(4) MEETINGS.—The Champlain Commission shall meet—

(A) at least twice each year; or

(B) at the call of the Chairperson or the majority of the members of the Champlain Commission.

(5) QUORUM.—A majority of voting members shall constitute a quorum, but a lesser number may hold meetings.

(6) CHAIRPERSON AND VICE CHAIRPERSON.—

(A) ELECTION.—The Champlain Commission shall elect the Chairperson and the Vice Chairperson of the Champlain Commission on an annual basis.

(B) ABSENCE OF THE CHAIRPERSON.—The Vice Chairperson shall serve as the Chairperson in the absence of the Chairperson.

(7) VOTING.—The Champlain Commission shall act only on an affirmative vote of a majority of the voting members of the Champlain Commission.

SEC. 103. Duties.

(a) In general.—The Champlain Commission shall—

(1) plan, develop, and execute programs and activities appropriate to commemorate the 400th anniversary of the voyage of Samuel de Champlain, the first European to discover and explore Lake Champlain;

(2) facilitate activities relating to the Champlain Quadricentennial throughout the United States;

(3) coordinate the activities of the Champlain Commission with—

(A) State commemoration commissions;

(B) appropriate Federal agencies, including—

(i) the Department of Agriculture;

(ii) the Department of Defense;

(iii) the Department of State; and

(iv) the Department of Transportation;

(C) the Lake Champlain Basin Program;

(D) the Chairman of the National Endowment for the Arts; and

(E) the Secretary of the Smithsonian Institution;

(4) 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 voyage of Samuel de Champlain;

(5) provide technical assistance to States, localities, and nonprofit organizations to further the commemoration;

(6) coordinate and facilitate for the public scholarly research on, publication about, and interpretation of, the voyage of Samuel de Champlain;

(7) ensure that the Champlain 2009 anniversary provides a lasting legacy and a long-term public benefit by assisting in the development of appropriate programs and facilities;

(8) help ensure that the observances of the voyage of Samuel de Champlain are inclusive and appropriately recognize the experiences and heritage of all people present when Samuel de Champlain arrived in the Champlain Valley; and

(9) consult and coordinate with the Lake Champlain Basin Program and other relevant organizations to plan and develop programs and activities to commemorate the voyage of Samuel de Champlain.

(b) Strategic plan and annual performance plans.—The Champlain Commission shall prepare—

(1) a strategic plan in accordance with section 306 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Champlain Commission; and

(2) annual performance plans in accordance with section 1115 of title 31, United States Code, for the activities of the Champlain Commission carried out under this Act.

(c) Reports.—

(1) ANNUAL REPORTS.—The Champlain Commission shall annually submit to Congress a report that contains—

(A) a list of each gift, bequest, or devise with a value of more than $250; and

(B) the identity of the donor of each gift, bequest, or devise provided in subparagraph (A).

(2) FINAL REPORT.—Not later than [September 30, 2010], the Champlain Commission shall submit to the Secretary a final report that contains—

(A) a summary of the activities of the Champlain Commission;

(B) a final accounting of funds received and expended by the Champlain Commission; and

(C) the findings and recommendations of the Champlain Commission.

SEC. 104. Powers.

(a) Gifts.—The Champlain Commission may solicit, accept, use, and dispose of gifts, bequests, or devises of money or other real or personal property for aiding or facilitating the work of the Champlain Commission.

(b) Appointment of advisory committees.—The Champlain Commission may appoint such advisory committees as the Champlain Commission determines to be necessary to carry out this Act.

(c) Authorization of action.—The Champlain Commission may authorize any member or employee of the Champlain Commission to take any action that the Champlain Commission is authorized to take under this Act.

(d) Procurement.—The Champlain Commission may procure supplies, services, and property, and make or enter into contracts, leases, or other legal agreements, to carry out this Act (except that a contract, lease, or other legal agreement made or entered into by the Champlain Commission (or with administrative assistance from the Lake Champlain Basin Program) shall not extend beyond the date of termination of the Champlain Commission).

(e) Postal Services.—The Champlain Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government.

(f) Grants.—Subject to approval by the Champlain Commission, the Champlain Commission may—

(1) make grants in amounts not to exceed $20,000 to communities, nonprofit organizations, and State commemorative commissions to develop programs to assist in the commemoration; and

(2) 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 voyage of Samuel de Champlain.

(g) Technical assistance.—The Champlain Commission shall provide technical assistance to States, localities, and nonprofit organizations to further the commemoration.

(h) Coordination and consultation with Lake Champlain Basin Program.—The Champlain Commission shall coordinate and consult with the Lake Champlain Basin Program to provide grants and technical assistance under subsections (f) and (g) for the development of activities commemorating the voyage of Samuel de Champlain.

SEC. 105. Champlain Commission personnel matters.

(a) Compensation of members.—

(1) IN GENERAL.—Except as provided in paragraph (2), a member of the Champlain Commission shall serve without compensation.

(2) FEDERAL EMPLOYEES.—A member of the Champlain 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) Travel expenses.—A member of the Champlain 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 Champlain Commission.

(c) Staff.—

(1) IN GENERAL.—The Chairperson of the Champlain 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 Champlain Commission to perform the duties of the Champlain Commission.

(2) CONFIRMATION OF EXECUTIVE DIRECTOR.—The employment of an Executive Director shall be subject to confirmation by the Champlain Commission.

(d) Compensation.—

(1) IN GENERAL.—Except as provided in paragraph (2), the Chairperson of the Champlain 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.

(2) 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.

(e) Detail of government employees.—

(1) FEDERAL EMPLOYEES.—

(A) IN GENERAL.—At the request of the Champlain Commission, the head of any Federal agency may detail, on a reimbursable or nonreimbursable basis, any of the personnel of the agency to the Champlain Commission to assist the Champlain Commission in carrying out the duties of the Champlain Commission under this Act.

(B) CIVIL SERVICE STATUS.—The detail of an employee under subparagraph (A) shall be without interruption or loss of civil service status or privilege.

(2) STATE EMPLOYEES.—The Champlain Commission may—

(A) accept the services of personnel detailed from States (including subdivisions of States); and

(B) reimburse States for services of detailed personnel.

(3) LAKE CHAMPLAIN BASIN PROGRAM EMPLOYEES.—The Champlain Commission may—

(A) accept the services of personnel detailed from the Lake Champlain Basin Program; and

(B) reimburse the Lake Champlain Basin Program for services of detailed personnel.

(4) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.—The Chairperson of the Champlain 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.

(f) Volunteer and uncompensated services.—Notwithstanding section 1342 of title 31, United States Code, the Champlain Commission may accept and use voluntary and uncompensated services as the Champlain Commission determines necessary.

(g) Support services.—The Director of the National Park Service shall provide to the Champlain Commission, on a reimbursable basis, such administrative support services as the Champlain Commission may request.

(h) FACA nonapplicability.—Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Champlain Commission.

(i) No effect on authority.—Nothing in this section supersedes the authority of the States or the National Park Service concerning the commemoration.

SEC. 106. Audit of Champlain Commission.

The Inspector General of the Department of the Interior shall—

(1) annually conduct an audit of the Champlain Commission;

(2) make available to the public the results of the annual audit; and

(3) submit the results of the annual audit to the Committee on Government Reform of the House of Representatives.

SEC. 107. Authorization of appropriations.

(a) In general.—There is authorized to be appropriated to carry out this Act $500,000 for each of fiscal years [2008 through 2011], to remain available until expended.

(b) Allocation.—Of amounts made available under subsection (a) for fiscal year [2008] and each fiscal year thereafter—

(1) 45 percent shall be provided for activities in the State of New York relating to the commemoration of Samuel de Champlain;

(2) 45 percent shall be provided for activities in the State of Vermont relating to the commemoration of Samuel de Champlain; and

(3) 10 percent shall be distributed by the Champlain Commission for activities relating to the commemoration of Samuel de Champlain, in accordance with this Act.

SEC. 108. Termination of Champlain Commission.

(a) Date of termination.—The Champlain Commission shall terminate on [December 31, 2010].

(b) Transfer of documents and materials.—Before the date of termination specified in subsection (a), the Champlain Commission shall transfer all documents and materials of the Champlain Commission to the National Archives or another appropriate Federal entity.

SEC. 201. Definitions.

In this title:

(1) COMMEMORATION.—The term “commemoration” means the commemoration of—

(A) the 200th anniversary of the voyage of Robert Fulton in the Clermont; and

(B) the 400th anniversary of the voyage of Henry Hudson in the Half Moon.

(2) GOVERNOR.—The term “Governor” means the Governor of the State of New York.

(3) HUDSON-FULTON COMMISSION.—The term “Hudson-Fulton Commission” means the Hudson-Fulton 400th Commemoration Commission established by section 202(a).

(4) SECRETARY.—The term “Secretary” means the Secretary of the Interior.

(5) STATE.—

(A) IN GENERAL.—The term “State” means the State of New York.

(B) INCLUSIONS.—The term “State” includes political subdivisions of that State.

SEC. 202. Establishment of Hudson-Fulton Commission.

(a) Establishment.—There is established a commission to be known as the “Hudson-Fulton 400th Commemoration Commission”.

(b) Membership.—

(1) COMPOSITION.—The Hudson-Fulton Commission shall be composed of 16 members, of whom—

(A) 1 member shall be appointed by the Secretary, after taking into consideration the recommendation of the Governor;

(B) 6 members shall be appointed by the Secretary, after taking into consideration the recommendations of the Members of the House of Representatives whose districts encompass the Hudson River Valley;

(C) 2 members shall be appointed by the Secretary, after taking into consideration the recommendations of the Members of the Senate from the State of New York;

(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, who shall be appointed by the Secretary;

(E) 2 members shall be appointed by the Secretary, and shall be individuals that have an interest in, support for, and expertise appropriate with respect to, the commemoration, of whom—

(i) 1 member shall be an individual with expertise in the Hudson River Valley National Heritage Area; and

(ii) 1 member shall be an individual with expertise in the State of New York, as it relates to the commemoration;

(F) 1 member shall be the Chairperson of a commemorative commission formed by the State of New York (or the designee of the Chairperson); and

(G) 2 members shall be appointed by the Secretary, after—

(i) taking into consideration the recommendation of the Mayor of the city of New York; and

(ii) consulting the Members of the House of Representatives whose districts encompass the city of New York.

(2) TERM; VACANCIES.—

(A) TERM.—A member of the Hudson-Fulton Commission shall be appointed for the life of the Hudson-Fulton Commission.

(B) VACANCIES.—

(i) IN GENERAL.—A vacancy on the Hudson-Fulton 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 Hudson-Fulton Commission shall serve for the remainder of the term for which the predecessor of the member was appointed.

(3) INITIAL MEETING.—Not later than 30 days after the date on which all members of the Hudson-Fulton Commission have been appointed, the Hudson-Fulton Commission shall hold the initial meeting of the Hudson-Fulton Commission.

(4) MEETINGS.—The Hudson-Fulton Commission shall meet—

(A) at least twice each year; or

(B) at the call of the Chairperson or the majority of the members of the Hudson-Fulton Commission.

(5) QUORUM.—A majority of voting members shall constitute a quorum, but a lesser number may hold meetings.

(6) CHAIRPERSON AND VICE CHAIRPERSON.—

(A) ELECTION.—The Hudson-Fulton Commission shall elect the Chairperson and the Vice Chairperson of the Hudson-Fulton Commission on an annual basis.

(B) ABSENCE OF THE CHAIRPERSON.—The Vice Chairperson shall serve as the Chairperson in the absence of the Chairperson.

(7) VOTING.—The Hudson-Fulton Commission shall act only on an affirmative vote of a majority of the voting members of the Hudson-Fulton Commission.

(8) NONVOTING MEMBER.—A member of the Hudson-Fulton Commission appointed under subparagraph (D)(ii) of paragraph (1) shall be a nonvoting member.

SEC. 203. Duties.

(a) In general.—The Hudson-Fulton Commission shall—

(1) plan, develop, and execute programs and activities appropriate to commemorate—

(A) the 400th anniversary of the voyage of Henry Hudson, the first European to sail up the Hudson River; and

(B) the 200th anniversary of the voyage of Robert Fulton, the first person to use steam navigation on a commercial basis;

(2) facilitate activities relating to the Hudson-Fulton-Champlain Quadricentennial throughout the United States;

(3) coordinate the activities of the Hudson-Fulton Commission with—

(A) State commemoration commissions;

(B) appropriate Federal agencies, including—

(i) the Department of Agriculture;

(ii) the Department of Defense;

(iii) the Department of State; and

(iv) the Department of Transportation;

(C) the Director of the National Park Service, with respect to the Hudson River Valley National Heritage Area;

(D) the American Heritage Rivers Initiative Interagency Committee established by Executive Order 13061, dated September 11, 1997;

(E) the Chairman of the National Endowment for the Humanities;

(F) the Chairman of the National Endowment for the Arts; and

(G) the Secretary of the Smithsonian Institution;

(4) 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 and Robert Fulton;

(5) provide technical assistance to States, localities, and nonprofit organizations to further the commemoration;

(6) coordinate and facilitate for the public scholarly research on, publication about, and interpretation of, the voyages of Henry Hudson and Robert Fulton;

(7) ensure that the Hudson-Fulton 2009 commemorations provide a lasting legacy and long-term public benefit by assisting in the development of appropriate programs and facilities; and

(8) help ensure that the observances of Henry Hudson are inclusive and appropriately recognize the experiences and heritage of all people present when Henry Hudson sailed the Hudson River.

(b) Strategic plan and annual performance plans.—The Hudson-Fulton Commission shall prepare—

(1) a strategic plan in accordance with section 306 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Hudson-Fulton Commission; and

(2) annual performance plans in accordance with section 1115 of title 31, United States Code, for the activities of the Hudson-Fulton Commission carried out under this Act.

(c) Reports.—

(1) ANNUAL REPORTS.—The Hudson-Fulton Commission shall annually submit to Congress a report that contains—

(A) a list of each gift, bequest, or devise with a value of more than $250; and

(B) the identity of the donor of each gift, bequest, or devise provided under subparagraph (A).

(2) FINAL REPORT.—Not later than [September 30, 2010], the Hudson-Fulton Commission shall submit to the Secretary a final report that contains—

(A) a summary of the activities of the Hudson-Fulton Commission;

(B) a final accounting of funds received and expended by the Hudson-Fulton Commission; and

(C) the findings and recommendations of the Hudson-Fulton Commission.

SEC. 204. Powers.

(a) Gifts.—The Hudson-Fulton Commission may solicit, accept, use, and dispose of gifts, bequests, or devises of money or other real or personal property for use in aiding or facilitating the work of the Hudson-Fulton Commission.

(b) Appointment of advisory committees.—The Hudson-Fulton Commission may appoint such advisory committees as the Hudson-Fulton Commission determines to be necessary to carry out this Act.

(c) Authorization of action.—The Hudson-Fulton Commission may authorize any member or employee of the Hudson-Fulton Commission to take any action that the Hudson-Fulton Commission is authorized to take under this Act.

(d) Procurement.—The Hudson-Fulton Commission may procure supplies, services, and property, and make or enter into contracts, leases, or other legal agreements, to carry out this Act (except that a contract, lease, or other legal agreement made or entered into by the Hudson-Fulton Commission shall not extend beyond the date of termination of the Hudson-Fulton Commission).

(e) Postal services.—The Hudson-Fulton Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government.

(f) Grants.—Subject to approval by the Hudson-Fulton Commission, the Hudson-Fulton Commission may—

(1) make grants in amounts not to exceed $20,000 to communities, nonprofit organizations, and State commemorative commissions to develop programs to assist in the commemoration; and

(2) 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 and Fulton.

(g) Technical assistance.—The Hudson-Fulton Commission shall provide technical assistance to States, localities, and nonprofit organizations to further the commemoration.

SEC. 205. Hudson-Fulton Commission personnel matters.

(a) Compensation of members.—

(1) IN GENERAL.—Except as provided in paragraph (2), a member of the Hudson-Fulton Commission shall serve without compensation.

(2) FEDERAL EMPLOYEES.—A member of the Hudson-Fulton 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) Travel expenses.—A member of the Hudson-Fulton 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 Hudson-Fulton Commission.

(c) Staff.—

(1) IN GENERAL.—The Chairperson of the Hudson-Fulton 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 Hudson-Fulton Commission to perform the duties of the Hudson-Fulton Commission.

(2) CONFIRMATION OF EXECUTIVE DIRECTOR.—The employment of an Executive Director shall be subject to confirmation by the Hudson-Fulton Commission.

(d) Compensation.—

(1) IN GENERAL.—Except as provided in paragraph (2), the Chairperson of the Hudson-Fulton 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.

(2) 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.

(e) Detail of government employees.—

(1) FEDERAL EMPLOYEES.—

(A) IN GENERAL.—At the request of the Hudson-Fulton Commission, the head of any Federal agency may detail, on a reimbursable or nonreimbursable basis, any of the personnel of the agency to the Hudson-Fulton Commission to assist the Hudson-Fulton Commission in carrying out the duties of the Hudson-Fulton Commission under this Act.

(B) CIVIL SERVICE STATUS.—The detail of an employee under subparagraph (A) shall be without interruption or loss of civil service status or privilege.

(2) STATE EMPLOYEES.—The Hudson-Fulton Commission may—

(A) accept the services of personnel detailed from States (including subdivisions of States); and

(B) reimburse States for services of detailed personnel.

(3) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.—The Chairperson of the Hudson-Fulton 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.

(f) Volunteer and uncompensated services.—Notwithstanding section 1342 of title 31, United States Code, the Hudson-Fulton Commission may accept and use voluntary and uncompensated services as the Hudson-Fulton Commission determines necessary.

(g) Support services.—The Director of the National Park Service shall provide to the Hudson-Fulton Commission, on a reimbursable basis, such administrative support services as the Hudson-Fulton Commission may request.

(h) FACA nonapplicability.—Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Hudson-Fulton Commission.

(i) No effect on authority.—Nothing in this section supersedes the authority of the States or the National Park Service concerning the commemoration.

SEC. 206. Audit of Hudson-Fulton Commission.

The Inspector General of the Department of the Interior shall—

(1) annually conduct an audit of the Hudson-Fulton Commission;

(2) make available to the public the results of the annual audit; and

(3) submit the results of the annual audit to the Committee on Government Reform of the House of Representatives.

SEC. 207. Authorization of appropriations.

(a) In general.—There is authorized to be appropriated to carry out this Act $500,000 for each of fiscal years 2008 through 2011, to remain available until expended.

(b) Allocation.—Of amounts made available under subsection (a) for fiscal year 2008 and each fiscal year thereafter—

(1) 80 percent shall be provided for activities in the Hudson Valley relating to the commemoration;

(2) 10 percent shall be provided for activities in the city of New York relating to the commemoration; and

(3) 10 percent shall be distributed by the Hudson-Fulton Commission for activities relating to the commemoration, in accordance with this Act.

SEC. 208. Termination of Hudson-Fulton Commission.

(a) Date of termination.—The Hudson-Fulton Commission shall terminate on December 31, 2010.

(b) Transfer of documents and materials.—Before the date of termination specified in subsection (a), the Hudson-Fulton Commission shall transfer all documents and materials of the Hudson-Fulton Commission to the National Archives or another appropriate Federal entity.

SECTION 1. Short title.

This Act may be cited as the “Hudson-Fulton-Champlain Quadricentennial Commemoration Commission Act of 2007”.

SEC. 2. Coordination.

Each commission established under this Act shall coordinate with the other respective commission established under this Act to ensure that commemorations of Henry Hudson, Robert Fulton, and Samuel de Champlain are—

(1) consistent with the plans and programs of the commemorative commissions established by the States of New York and Vermont; and

(2) well-organized and successful.

SEC. 3. Definitions.

In this Act:

(1) CHAMPLAIN COMMEMORATION.—The term “Champlain commemoration” means the commemoration of the 400th anniversary of the voyage of Samuel de Champlain.

(2) CHAMPLAIN COMMISSION.—The term “Champlain Commission” means the Champlain Quadricentennial Commemoration Commission established by section 4(a).

(3) COMMISSION.—The term “Commission” means each of the Champlain Commission and the Hudson-Fulton Commission.

(4) HUDSON-FULTON COMMEMORATION.—The term “Hudson-Fulton commemoration” means the commemoration of—

(A) the 200th anniversary of the voyage of Robert Fulton in the Clermont; and

(B) the 400th anniversary of the voyage of Henry Hudson in the Half Moon.

(5) HUDSON-FULTON COMMISSION.—The term “Hudson-Fulton Commission” means the Hudson-Fulton 400th Commemoration Commission established by section 5(a).

(6) LAKE CHAMPLAIN BASIN PROGRAM.—The term “Lake Champlain Basin Program” means the partnership established by section 120 of the Federal Water Pollution Control Act (33 U.S.C. 1270) between the States of New York and Vermont and Federal agencies to carry out the Lake Champlain management plan entitled, “Opportunities for Action: An Evolving Plan for the Lake Champlain Basin”.

(7) SECRETARY.—The term “Secretary” means the Secretary of the Interior.

SEC. 4. Establishment of Champlain Commission.

(a) In general.—There is established a commission to be known as the “Champlain Quadricentennial Commemoration Commission”.

(b) Membership.—

(1) COMPOSITION.—The Champlain Commission shall be composed of 10 members, of whom—

(A) 1 member shall be the Director of the National Park Service (or a designee);

(B) 4 members shall be appointed by the Secretary from among individuals who, on the date of enactment of this Act, are—

(i) serving as members of the Hudson-Fulton-Champlain Quadricentennial Commission of the State of New York; and

(ii) residents of Champlain Valley, New York;

(C) 4 members shall be appointed by the Secretary from among individuals who, on the date of enactment of this Act, are—

(i) serving as members of the Lake Champlain Quadricentennial Commission of the State of Vermont; and

(ii) residents of the State of Vermont; and

(D) 1 member shall be appointed by the Secretary, and shall be an individual who has—

(i) an interest in, support for, and expertise appropriate with respect to, the Champlain commemoration; and

(ii) knowledge relating to the history of the Champlain Valley.

(2) TERM; VACANCIES.—

(A) TERM.—A member of the Champlain Commission shall be appointed for the life of the Champlain Commission.

(B) VACANCIES.—A vacancy on the Champlain Commission shall be filled in the same manner in which the original appointment was made.

(c) Duties.—The Champlain Commission shall—

(1) plan, develop, and execute programs and activities appropriate to commemorate the 400th anniversary of the voyage of Samuel de Champlain, the first European to discover and explore Lake Champlain;

(2) facilitate activities relating to the Champlain Quadricentennial throughout the United States;

(3) coordinate the activities of the Champlain Commission with—

(A) State commemoration commissions;

(B) appropriate Federal agencies;

(C) the Lake Champlain Basin Program;

(D) the National Endowment for the Arts; and

(E) the Smithsonian Institution;

(4) 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 voyage of Samuel de Champlain;

(5) provide technical assistance to States, localities, and nonprofit organizations to further the Champlain commemoration;

(6) coordinate and facilitate for the public scholarly research on, publication about, and interpretation of, the voyage of Samuel de Champlain;

(7) ensure that the Champlain 2009 anniversary provides a lasting legacy and a long-term public benefit by assisting in the development of appropriate programs and facilities;

(8) help ensure that the observances of the voyage of Samuel de Champlain are inclusive and appropriately recognize the experiences and heritage of all people present when Samuel de Champlain arrived in the Champlain Valley; and

(9) consult and coordinate with the Lake Champlain Basin Program and other relevant organizations to plan and develop programs and activities to commemorate the voyage of Samuel de Champlain.

SEC. 5. Establishment of Hudson-Fulton Commission.

(a) Establishment.—There is established a commission to be known as the “Hudson-Fulton 400th Commemoration Commission”.

(b) Membership.—

(1) COMPOSITION.—The Hudson-Fulton Commission shall be composed of 15 members, of whom—

(A) 1 member shall be the Director of the National Park Service (or a designee);

(B) 1 member shall be appointed by the Secretary, after considering the recommendation of the Governor of the State of New York;

(C) 6 members shall be appointed by the Secretary, after considering the recommendations of the Members of the House of Representatives whose districts encompass the Hudson River Valley;

(D) 2 members shall be appointed by the Secretary, after considering the recommendations of the Members of the Senate from the State of New York;

(E) 2 members shall be—

(i) appointed by the Secretary; and

(ii) individuals who have an interest in, support for, and expertise appropriate with respect to, the Hudson-Fulton commemoration, of whom—

(I) 1 member shall be an individual with expertise in the Hudson River Valley National Heritage Area; and

(II) 1 member shall be an individual with expertise in the State of New York, as it relates to the Hudson-Fulton commemoration;

(F) 1 member shall be the Chairperson of a commemorative commission formed by the State of New York (or the designee of the Chairperson); and

(G) 2 members shall be appointed by the Secretary, after—

(i) considering the recommendation of the Mayor of the city of New York; and

(ii) consulting the Members of the House of Representatives whose districts encompass the city of New York.

(2) TERM; VACANCIES.—

(A) TERM.—A member of the Hudson-Fulton Commission shall be appointed for the life of the Hudson-Fulton Commission.

(B) VACANCIES.—A vacancy on the Hudson-Fulton Commission shall be filled in the same manner in which the original appointment was made.

(c) Duties.—The Hudson-Fulton Commission shall—

(1) plan, develop, and execute programs and activities appropriate to commemorate—

(A) the 400th anniversary of the voyage of Henry Hudson, the first European to sail up the Hudson River; and

(B) the 200th anniversary of the voyage of Robert Fulton, the first person to use steam navigation on a commercial basis;

(2) facilitate activities relating to the Hudson-Fulton-Champlain Quadricentennial throughout the United States;

(3) coordinate the activities of the Hudson-Fulton Commission with—

(A) State commemoration commissions;

(B) appropriate Federal agencies;

(C) the National Park Service, with respect to the Hudson River Valley National Heritage Area;

(D) the American Heritage Rivers Initiative Interagency Committee established by Executive Order 13061, dated September 11, 1997;

(E) the National Endowment for the Humanities;

(F) the National Endowment for the Arts; and

(G) the Smithsonian Institution;

(4) 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 and Robert Fulton;

(5) provide technical assistance to States, localities, and nonprofit organizations to further the Hudson-Fulton commemoration;

(6) coordinate and facilitate for the public scholarly research on, publication about, and interpretation of, the voyages of Henry Hudson and Robert Fulton;

(7) ensure that the Hudson-Fulton 2009 commemorations provide a lasting legacy and long-term public benefit by assisting in the development of appropriate programs and facilities; and

(8) help ensure that the observances of Henry Hudson are inclusive and appropriately recognize the experiences and heritage of all people present when Henry Hudson sailed the Hudson River.

SEC. 6. Commission meetings.

(a) Initial meeting.—Not later than 30 days after the date on which all members of a commission established under this Act have been appointed, the applicable Commission shall hold an initial meeting.

(b) Meetings.—A commission established under this Act shall meet—

(1) at least twice each year; or

(2) at the call of the Chairperson or the majority of the members of the Commission.

(c) Quorum.—A majority of voting members shall constitute a quorum, but a lesser number may hold meetings.

(d) Chairperson and vice chairperson.—

(1) ELECTION.—The Commission shall elect the Chairperson and the Vice Chairperson of the Commission on an annual basis.

(2) ABSENCE OF THE CHAIRPERSON.—The Vice Chairperson shall serve as the Chairperson in the absence of the Chairperson.

(e) Voting.—A commission established under this Act shall act only on an affirmative vote of a majority of the voting members of the applicable Commission.

SEC. 7. Commission powers.

(a) Gifts.—The Commission may solicit, accept, use, and dispose of gifts, bequests, or devises of money or other property for aiding or facilitating the work of the Commission.

(b) Appointment of advisory committees.—The Commission may appoint such advisory committees as the Commission determines to be necessary to carry out this Act.

(c) Authorization of action.—The Commission may authorize any member or employee of the Commission to take any action that the Commission is authorized to take under this Act.

(d) Procurement.—

(1) IN GENERAL.—The Commission may procure supplies, services, and property, and make or enter into contracts, leases, or other legal agreements, to carry out this Act (except that a contract, lease, or other legal agreement made or entered into by the Commission shall not extend beyond the date of termination of the Commission).

(2) LIMITATION.—The Commission may not purchase real property.

(e) Postal Services.—The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government.

(f) Grants.—

(1) CHAMPLAIN COMMISSION.—The Champlain Commission may make grants in amounts not to exceed $20,000—

(A) to communities, nonprofit organizations, and State commemorative commissions to develop programs to assist in the Champlain commemoration; and

(B) to research and scholarly organizations to research, publish, or distribute information relating to the early history of the voyage of Samuel de Champlain.

(2) HUDSON-FULTON COMMISSION.—The Hudson-Fulton Commission may make grants in amounts not to exceed $20,000—

(A) to communities, nonprofit organizations, and State commemorative commissions to develop programs to assist in the Hudson-Fulton commemoration; and

(B) to research and scholarly organizations to research, publish, or distribute information relating to the early history of the voyages of Henry Hudson and Robert Fulton.

(g) Technical assistance.—The Commission shall provide technical assistance to States, localities, and nonprofit organizations to further the Champlain commemoration and Hudson-Fulton commemoration, as applicable.

(h) Coordination and consultation with Lake Champlain Basin Program.—The Champlain Commission shall coordinate and consult with the Lake Champlain Basin Program to provide grants and technical assistance under subsections (f)(1) and (g) for the development of activities commemorating the voyage of Samuel de Champlain.

SEC. 8. Commission personnel matters.

(a) Compensation of members.—

(1) IN GENERAL.—Except as provided in paragraph (2), a member of the Commission shall serve without compensation.

(2) 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.

(b) 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.

(c) Staff.—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.

(d) Compensation.—

(1) IN GENERAL.—Except as provided in paragraph (2), 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.

(2) 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.

(e) Detail of government employees.—

(1) FEDERAL EMPLOYEES.—

(A) 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.

(B) CIVIL SERVICE STATUS.—The detail of an employee under subparagraph (A) shall be without interruption or loss of civil service status or privilege.

(2) STATE EMPLOYEES.—The Commission may—

(A) accept the services of personnel detailed from the State of New York or the State of Vermont, as appropriate (including subdivisions of the States); and

(B) reimburse the State of New York or the State of Vermont for services of detailed personnel.

(3) LAKE CHAMPLAIN BASIN PROGRAM EMPLOYEES.—The Champlain Commission may—

(A) accept the services of personnel detailed from the Lake Champlain Basin Program; and

(B) reimburse the Lake Champlain Basin Program for services of detailed personnel.

(4) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.—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.

(f) 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.

(g) Support services.—The Secretary shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request.

(h) FACA nonapplicability.—Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.

SEC. 9. Reports.

Not later than September 30, 2010, the Commission shall submit to the Secretary a report that contains—

(1) a summary of the activities of the Commission;

(2) a final accounting of funds received and expended by the Commission; and

(3) the findings and recommendations of the Commission.

SEC. 10. Termination of Commissions.

(a) Date of termination.—The Commission shall terminate on December 31, 2010.

(b) Transfer of documents and materials.—Before the date of termination specified in subsection (a), the Commission shall transfer all of its documents and materials of the Commission to the National Archives or another appropriate Federal entity.

SEC. 11. Authorization of appropriations.

(a) In general.—There are authorized to be appropriated to carry out this Act for each of fiscal years 2008 through 2011—

(1) $500,000 to the Champlain Commission; and

(2) $500,000 to the Hudson-Fulton Commission.

(b) Availability.—Amounts made available under subsection (a) shall remain available until expended.


Calendar No. 377

110th CONGRESS
     1st Session
S. 1148
[Report No. 110–179]

A BILL
To establish the Champlain Quadricentennial Commemoration Commission and the Hudson-Fulton 400th Commemoration Commission, and for other purposes.

September 17, 2007
Reported with an amendment