II

Calendar No. 903

106TH CONGRESS

2D SESSION S. 2885

[Report No. 106–456]

To establish the Jamestown 400th Commemoration Commission, and for

other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 18,2000

Mr. WARNER (for himself and Mr. ROBB) introduced the following bill; which

was read twice and referred to the Committee on Energy and Natural

Resources.

OCTOBER 2 (legislative day, SEPTEMBER 22), 2000

Report by Mr. MURKOWSKI, with amendments

[Omit the part struck through and insert the part printed in italic]

A BILL

To establish the Jamestown 400th Commemoration

Commission, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Jamestown 400th

5 Commemoration Commission Act of 2000’’.
2

S 2885 RS

1 SEC. 2. FINDINGS AND PURPOSE.

2 (a) FINDINGS.—Congress finds that—

3 (1) the founding of the colony at Jamestown,

4 Virginia in 1607, the first permanent English colony

5 in the New World, and the capital of Virginia for 92

6 years, has major significance in the history of the

7 United States;

8 (2) the settlement brought people from

9 throughout the Atlantic Basin together to form a

10 multicultural society, including English, other Euro11 peans, Native Americans, and Africans;

12 (3) the economic, political, religious, and social

13 institutions that developed during the first 9 decades

14 of the existence of Jamestown continue to have pro15 found effects on the United States, particularly in

16 English common law and language, cross cultural re17 lationships, and economic structure and status;

18 (4) the National Park Service, the Association

19 for the Preservation of Virginia Antiquities, and the

20 Jamestown-Yorktown Foundation of the Common21 wealth of Virginia collectively own and operate sig22 nificant resources related to the early history of

23 Jamestown; and

24 (5) in 1996—

25 (A) the Commonwealth of Virginia des26 ignated the Jamestown-Yorktown Foundation
3

S 2885 RS

1 as the State agency responsible for planning

2 and implementing the Commonwealth’s portion

3 of the commemoration of the 400th anniversary

4 of the founding of the Jamestown settlement;

5 (B) the Foundation created the Celebra6 tion 2007 Steering Committee, known as the

7 Jamestown 2007 Steering Committee; and

8 (C) planning for the commemoration

9 began.

10 (b) PURPOSE.—The purpose of this Act is to estab11 lish the Jamestown 400th Commemoration Commission

12 to—

13 (1) ensure a suitable national observance of the

14 Jamestown 2007 anniversary by complementing the

15 programs and activities of the State Commonwealth

16 of Virginia;

17 (2) cooperate with and assist the programs and

18 activities of the State in observance of the James19 town 2007 anniversary;

20 (3) assist in ensuring that Jamestown 2007 ob21 servances provide an excellent visitor experience and

22 beneficial interaction between visitors and the nat23 ural and cultural resources of the Jamestown sites;

24 (4) assist in ensuring that the Jamestown 2007

25 observances are inclusive and appropriately recognize
4

S 2885 RS

1 the experiences of all people present in 17th century

2 Jamestown;

3 (5) provide assistance to the development of

4 Jamestown-related programs and activities;

5 (6) facilitate international involvement in the

6 Jamestown 2007 observances;

7 (7) support and facilitate marketing efforts for

8 a commemorative coin, stamp, and related activities

9 for the Jamestown 2007 observances; and

10 (8) assist in the appropriate development of

11 heritage tourism and economic benefits to the

12 United States.

13 SEC. 3. DEFINITIONS.

14 In this Act:

15 (1) COMMEMORATION.—The term ‘‘commemo16 ration’’ means the commemoration of the 400th an17 niversary of the founding of the Jamestown settle18 ment.

19 (2) COMMISSION.—The term ‘‘Commission’’

20 means the Jamestown 400th Commemoration Com21 mission established by section 4(a).

22 (3) GOVERNOR.—The term ‘‘Governor’’ means

23 the Governor of the State. Virginia.

24 (4) SECRETARY.—The term ‘‘Secretary’’ means

25 the Secretary of the Interior.
5

S 2885 RS

1 (5) STATE.—

2 (A) IN GENERAL.—The term ‘‘State’’

3 means the State of Virginia.

4 (B) INCLUSIONS.—The term ‘‘State’’ in5 cludes agencies and entities of the State.

6 (5)STATE.—The term ‘‘State’’ means the Com7 monwealth of Virginia, including agencies and enti8 ties of the Commonwealth.

9 SEC. 4. JAMESTOWN 400TH COMMEMORATION COMMIS10 SION.

11 (a) IN GENERAL.—There is established a commission

12 to be known as the ‘‘Jamestown 400th Commemoration

13 Commission’’.

14 (b) MEMBERSHIP.—

15 (1) IN GENERAL.—The Commission shall be

16 composed of 16 members, 15 members, of whom—

17 (A) 4 members shall be appointed by the

18 Secretary, taking into consideration the rec19 ommendations of the Chairperson of the James20 town 2007 Steering Committee;

21 (B) 4 members shall be appointed by the

22 Secretary, taking into consideration the rec23 ommendations of the Governor;

24 (C) 2 members shall be employees of the

25 National Park Service, of which—
6

S 2885 RS

1 (i) 1 shall be the Director of the Na2 tional Park Service (or a designee); and

3 (ii) 1 shall be an employee of the Na4 tional Park Service having experience rel5 evant to the commemoration, to be ap6 pointed by the Secretary; and

7 (D) 5 members shall be individuals that

8 have an interest in, support for, and expertise

9 appropriate to, the commemoration, to be ap10 pointed by the Secretary.

11 (2) TERM; VACANCIES.—

12 (A) TERM.—A member of the Commission

13 shall be appointed for the life of the Commis14 sion.

15 (B) VACANCIES.—

16 (i) IN GENERAL.—A vacancy on the

17 Commission shall be filled in the same

18 manner in which the original appointment

19 was made.

20 (ii) PARTIAL TERM.—A member ap21 pointed to fill a vacancy on the Commis22 sion shall serve for the remainder of the

23 term for which the predecessor of the

24 member was appointed.

25 (3) MEETINGS.—
7

S 2885 RS

1 (A) IN GENERAL.—The Commission shall

2 meet—

3 (i) at least twice each year; or

4 (ii) at the call of the Chairperson or

5 the majority of the members of the Com6 mission.

7 (B) INITIAL MEETING.—Not later than 30

8 days after the date on which all members of the

9 Commission have been appointed, the Commis10 sion shall hold the initial meeting of the Com11 mission.

12 (4) VOTING.—

13 (A) IN GENERAL.—The Commission shall

14 act only on an affirmative vote of a majority of

15 the members of the Commission.

16 (B) QUORUM.—A majority of the Commis17 sion shall constitute a quorum.

18 (5) CHAIRPERSON.—The Secretary shall ap19 point a Chairperson of the Commission, taking into

20 consideration any recommendations of the Governor.

21 (c) DUTIES.—

22 (1) IN GENERAL.—The Commission shall—

23 (A) plan, develop, and execute programs

24 and activities appropriate to commemorate the
8

S 2885 RS

1 400th anniversary of the founding of James2 town;

3 (B) generally facilitate Jamestown-related

4 activities throughout the United States;

5 (C) encourage civic, patriotic, historical,

6 educational, religious, economic, and other or7 ganizations throughout the United States to or8 ganize and participate in anniversary activities

9 to expand the understanding and appreciation

10 of the significance of the founding and early

11 history of Jamestown;

12 (D) coordinate and facilitate for the public

13 scholarly research on, publication about, and in14 terpretation of, Jamestown; and

15 (E) ensure that the 400th anniversary of

16 Jamestown provides a lasting legacy and long17 term public benefit by assisting in the develop18 ment of appropriate programs and facilities.

19 (2) PLANS; REPORTS.—

20 (A) STRATEGIC PLAN; ANNUAL PERFORM21 ANCE PLANS.—In accordance with the Govern22 ment Performance and Results Act of 1993

23 (Public Law 103–62; 107 Stat. 285), the Com24 mission shall prepare a strategic plan and an-
9

S 2885 RS

1 nual performance plans for the activities of the

2 Commission carried out under this Act.

3 (B) FINAL REPORT.—Not later than Sep4 tember 30, 2008, the Commission shall com5 plete a final report that contains—

6 (i) a summary of the activities of the

7 Commission;

8 (ii) a final accounting of funds re9 ceived and expended by the Commission;

10 and

11 (iii) the findings and recommenda12 tions of the Commission.

13 (d) POWERS OF THE COMMISSION.—The Commission

14 may—

15 (1) accept donations and make dispersions of

16 money, personal services, and real and personal

17 property related to Jamestown and of the signifi18 cance of Jamestown in the history of the United

19 States;

20 (2) appoint such advisory committees as the

21 Commission determines to be necessary to carry out

22 this Act;

23 (3) authorize any member or employee of the

24 Commission to take any action that the Commission

25 is authorized to take by this Act;
10

S 2885 RS

1 (4) procure supplies, services, and property, and

2 make or enter into contracts, leases or other legal

3 agreements, to carry out this Act (except that any

4 contracts, leases or other legal agreements made or

5 entered into by the Commission shall not extend be6 yond the date of termination of the Commission);

7 (5) use the United States mails in the same

8 manner and under the same conditions as other

9 Federal agencies;

10 (6) subject to approval by the Commission,

11 make grants in amounts not to exceed $10,000 to

12 communities and nonprofit organizations to develop

13 programs to assist in the commemoration;

14 (7) make grants to research and scholarly orga15 nizations to research, publish, or distribute informa16 tion relating to the early history of Jamestown; and

17 (8) provide technical assistance to States, local18 ities, and nonprofit organizations to further the com19 memoration.

20 (e) COMMISSION PERSONNEL MATTERS.—

21 (1) COMPENSATION OF MEMBERS OF THE COM22 MISSION.—

23 (A) IN GENERAL.—Except as provided in

24 subparagraph (B), a member of the Commis25 sion shall serve without compensation.
11

S 2885 RS

1 (B) FEDERAL EMPLOYEES.—A member of

2 the Commission who is an officer or employee

3 of the Federal Government shall serve without

4 compensation in addition to the compensation

5 received for the services of the member as an

6 officer or employee of the Federal Government.

7 (C) TRAVEL EXPENSES.—A member of the

8 Commission shall be allowed travel expenses, in9 cluding per diem in lieu of subsistence, at rates

10 authorized for an employee of an agency under

11 subchapter I of chapter 57 of title 5, United

12 States Code, while away from the home or reg13 ular place of business of the member in the per14 formance of the duties of the Commission.

15 (2) STAFF.—

16 (A) IN GENERAL.—The Chairperson of the

17 Commission may, without regard to the civil

18 service laws (including regulations), appoint

19 and terminate an executive director and such

20 other additional personnel as are necessary to

21 enable the Commission to perform the duties of

22 the Commission.

23 (B) CONFIRMATION OF EXECUTIVE DIREC24 TOR.—The employment of an executive director
12

S 2885 RS

1 shall be subject to confirmation by the Commis2 sion.

3 (3) COMPENSATION.—

4 (A) IN GENERAL.—Except as provided in

5 subparagraph (B), the Chairperson of the Com6 mission may fix the compensation of the execu7 tive director and other personnel without regard

8 to the provisions of chapter 51 and subchapter

9 III of chapter 53 of title 5, United States Code,

10 relating to classification of positions and Gen11 eral Schedule pay rates.

12 (B) MAXIMUM RATE OF PAY.—The rate of

13 pay for the executive director and other per14 sonnel shall not exceed the rate payable for

15 level V of the Executive Schedule under section

16 5316 of title 5, United States Code.

17 (4) DETAIL OF GOVERNMENT EMPLOYEES.—

18 (A) FEDERAL EMPLOYEES.—

19 (i) IN GENERAL.—On the request of

20 the Commission, the head of any Federal

21 agency may detail, on a reimbursable or

22 non-reimbursable basis, any of the per23 sonnel of the agency to the Commission to

24 assist the Commission in carrying out the

25 duties of the Commission under this Act.
13

S 2885 RS

1 (ii) CIVIL SERVICE STATUS.—The de2 tail of an employee under clause (i) shall

3 be without interruption or loss of civil serv4 ice status or privilege.

5 (B) STATE EMPLOYEES.—The Commission

6 may—

7 (i) accept the services of personnel de8 tailed from States (including subdivisions

9 of States); and

10 (ii) reimburse States for services of

11 detailed personnel.

12 (5) VOLUNTEER AND UNCOMPENSATED SERV13 ICES.—Notwithstanding section 1342 of title 31,

14 United States Code, the Commission may accept and

15 use voluntary and uncompensated services as the

16 Commission determines necessary.

17 (6) SUPPORT SERVICES.—The Director of the

18 National Park Service shall provide to the Commis19 sion, on a reimbursable basis, such administrative

20 support services as the Commission may request.

21 (f) PROCUREMENT OF TEMPORARY AND INTERMIT22 TENT SERVICES.—The Chairperson of the Commission

23 may procure temporary and intermittent services in ac24 cordance with section 3109(b) of title 5, United States

25 Code, at rates for individuals that do not exceed the daily
14

S 2885 RS

1 equivalent of the annual rate of basic pay prescribed for

2 level V of the Executive Schedule under section 5316 of

3 that title.

4 (g) FACA NONAPPLICABILITY.—Section 14(b) of the

5 Federal Advisory Committee Act (5 U.S.C. App.) shall not

6 apply to the Commission.

7 (h) NO EFFECT ON AUTHORITY.—Nothing in this

8 section supersedes the authority of the State, the National

9 Park Service, or the Association for the Preservation of

10 Virginia Antiquities, concerning the commemoration.

11 (i) TERMINATION.—The Commission shall terminate

12 on December 31, 2008.

13 SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

14 There are authorized to be appropriated such sums

15 as are necessary to carry out this Act.

Æ

Calendar No. 903

106TH CONGRESS

2D SESSION S. 2885

[Report No. 106–456]

A BILL

To establish the Jamestown 400th Commemoration

Commission, and for other purposes.

OCTOBER 2 (legislative day, SEPTEMBER 22), 2000

Reported by Mr. MURKOWSKI, with amendments