II

106TH CONGRESS

2D SESSION S. 2885

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.

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’’.

6 SEC. 2. FINDINGS AND PURPOSE.

7 (a) FINDINGS.—Congress finds that—

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

9 Virginia in 1607, the first permanent English colony

10 in the New World, and the capital of Virginia for 92
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1 years, has major significance in the history of the

2 United States;

3 (2) the settlement brought people from

4 throughout the Atlantic Basin together to form a

5 multicultural society, including English, other Euro6 peans, Native Americans, and Africans;

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

8 institutions that developed during the first 9 decades

9 of the existence of Jamestown continue to have pro10 found effects on the United States, particularly in

11 English common law and language, cross cultural re12 lationships, and economic structure and status;

13 (4) the National Park Service, the Association

14 for the Preservation of Virginia Antiquities, and the

15 Jamestown-Yorktown Foundation of the Common16 wealth of Virginia collectively own and operate sig17 nificant resources related to the early history of

18 Jamestown; and

19 (5) in 1996—

20 (A) the Commonwealth of Virginia des21 ignated the Jamestown-Yorktown Foundation

22 as the State agency responsible for planning

23 and implementing the Commonwealth’s portion

24 of the commemoration of the 400th anniversary

25 of the founding of the Jamestown settlement;
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1 (B) the Foundation created the Celebra2 tion 2007 Steering Committee, known as the

3 Jamestown 2007 Steering Committee; and

4 (C) planning for the commemoration

5 began.

6 (b) PURPOSE.—The purpose of this Act is to estab7 lish the Jamestown 400th Commemoration Commission

8 to—

9 (1) ensure a suitable national observance of the

10 Jamestown 2007 anniversary by complementing the

11 programs and activities of the State of Virginia;

12 (2) cooperate with and assist the programs and

13 activities of the State in observance of the James14 town 2007 anniversary;

15 (3) assist in ensuring that Jamestown 2007 ob16 servances provide an excellent visitor experience and

17 beneficial interaction between visitors and the nat18 ural and cultural resources of the Jamestown sites;

19 (4) assist in ensuring that the Jamestown 2007

20 observances are inclusive and appropriately recognize

21 the experiences of all people present in 17th century

22 Jamestown;

23 (5) provide assistance to the development of

24 Jamestown-related programs and activities;
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1 (6) facilitate international involvement in the

2 Jamestown 2007 observances;

3 (7) support and facilitate marketing efforts for

4 a commemorative coin, stamp, and related activities

5 for the Jamestown 2007 observances; and

6 (8) assist in the appropriate development of

7 heritage tourism and economic benefits to the

8 United States.

9 SEC. 3. DEFINITIONS.

10 In this Act:

11 (1) COMMEMORATION.—The term ‘‘commemo12 ration’’ means the commemoration of the 400th an13 niversary of the founding of the Jamestown settle14 ment.

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

16 means the Jamestown 400th Commemoration Com17 mission established by section 4(a).

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

19 the Governor of the State.

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

21 the Secretary of the Interior.

22 (5) STATE.—

23 (A) IN GENERAL.—The term ‘‘State’’

24 means the State of Virginia.
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1 (B) INCLUSIONS.—The term ‘‘State’’ in2 cludes agencies and entities of the State.

3 SEC. 4. JAMESTOWN 400TH COMMEMORATION COMMIS4 SION.

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

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

7 Commission’’.

8 (b) MEMBERSHIP.—

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

10 composed of 16 members, of whom—

11 (A) 4 members shall be appointed by the

12 Secretary, taking into consideration the rec13 ommendations of the Chairperson of the James14 town 2007 Steering Committee;

15 (B) 4 members shall be appointed by the

16 Secretary, taking into consideration the rec17 ommendations of the Governor;

18 (C) 2 members shall be employees of the

19 National Park Service, of which—

20 (i) 1 shall be the Director of the Na21 tional Park Service (or a designee); and

22 (ii) 1 shall be an employee of the Na23 tional Park Service having experience rel24 evant to the commemoration, to be ap25 pointed by the Secretary; and
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1 (D) 5 members shall be individuals that

2 have an interest in, support for, and expertise

3 appropriate to, the commemoration, to be ap4 pointed by the Secretary.

5 (2) TERM; VACANCIES.—

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

7 shall be appointed for the life of the Commis8 sion.

9 (B) VACANCIES.—

10 (i) IN GENERAL.—A vacancy on the

11 Commission shall be filled in the same

12 manner in which the original appointment

13 was made.

14 (ii) PARTIAL TERM.—A member ap15 pointed to fill a vacancy on the Commis16 sion shall serve for the remainder of the

17 term for which the predecessor of the

18 member was appointed.

19 (3) MEETINGS.—

20 (A) IN GENERAL.—The Commission shall

21 meet—

22 (i) at least twice each year; or

23 (ii) at the call of the Chairperson or

24 the majority of the members of the Com25 mission.
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1 (B) INITIAL MEETING.—Not later than 30

2 days after the date on which all members of the

3 Commission have been appointed, the Commis4 sion shall hold the initial meeting of the Com5 mission.

6 (4) VOTING.—

7 (A) IN GENERAL.—The Commission shall

8 act only on an affirmative vote of a majority of

9 the members of the Commission.

10 (B) QUORUM.—A majority of the Commis11 sion shall constitute a quorum.

12 (5) CHAIRPERSON.—The Secretary shall ap13 point a Chairperson of the Commission, taking into

14 consideration any recommendations of the Governor.

15 (c) DUTIES.—

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

17 (A) plan, develop, and execute programs

18 and activities appropriate to commemorate the

19 400th anniversary of the founding of James20 town;

21 (B) generally facilitate Jamestown-related

22 activities throughout the United States;

23 (C) encourage civic, patriotic, historical,

24 educational, religious, economic, and other or25 ganizations throughout the United States to or-
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1 ganize and participate in anniversary activities

2 to expand the understanding and appreciation

3 of the significance of the founding and early

4 history of Jamestown;

5 (D) coordinate and facilitate for the public

6 scholarly research on, publication about, and in7 terpretation of, Jamestown; and

8 (E) ensure that the 400th anniversary of

9 Jamestown provides a lasting legacy and long10 term public benefit by assisting in the develop11 ment of appropriate programs and facilities.

12 (2) PLANS; REPORTS.—

13 (A) STRATEGIC PLAN; ANNUAL PERFORM14 ANCE PLANS.—In accordance with the Govern15 ment Performance and Results Act of 1993

16 (Public Law 103–62; 107 Stat. 285), the Com17 mission shall prepare a strategic plan and an18 nual performance plans for the activities of the

19 Commission carried out under this Act.

20 (B) FINAL REPORT.—Not later than Sep21 tember 30, 2008, the Commission shall com22 plete a final report that contains—

23 (i) a summary of the activities of the

24 Commission;
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1 (ii) a final accounting of funds re2 ceived and expended by the Commission;

3 and

4 (iii) the findings and recommenda5 tions of the Commission.

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

7 may—

8 (1) accept donations and make dispersions of

9 money, personal services, and real and personal

10 property related to Jamestown and of the signifi11 cance of Jamestown in the history of the United

12 States;

13 (2) appoint such advisory committees as the

14 Commission determines to be necessary to carry out

15 this Act;

16 (3) authorize any member or employee of the

17 Commission to take any action that the Commission

18 is authorized to take by this Act;

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

20 make or enter into contracts, leases or other legal

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

22 contracts, leases or other legal agreements made or

23 entered into by the Commission shall not extend be24 yond the date of termination of the Commission);
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1 (5) use the United States mails in the same

2 manner and under the same conditions as other

3 Federal agencies;

4 (6) subject to approval by the Commission,

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

6 communities and nonprofit organizations to develop

7 programs to assist in the commemoration;

8 (7) make grants to research and scholarly orga9 nizations to research, publish, or distribute informa10 tion relating to the early history of Jamestown; and

11 (8) provide technical assistance to States, local12 ities, and nonprofit organizations to further the com13 memoration.

14 (e) COMMISSION PERSONNEL MATTERS.—

15 (1) COMPENSATION OF MEMBERS OF THE COM16 MISSION.—

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

18 subparagraph (B), a member of the Commis19 sion shall serve without compensation.

20 (B) FEDERAL EMPLOYEES.—A member of

21 the Commission who is an officer or employee

22 of the Federal Government shall serve without

23 compensation in addition to the compensation

24 received for the services of the member as an

25 officer or employee of the Federal Government.
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1 (C) TRAVEL EXPENSES.—A member of the

2 Commission shall be allowed travel expenses, in3 cluding per diem in lieu of subsistence, at rates

4 authorized for an employee of an agency under

5 subchapter I of chapter 57 of title 5, United

6 States Code, while away from the home or reg7 ular place of business of the member in the per8 formance of the duties of the Commission.

9 (2) STAFF.—

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

11 Commission may, without regard to the civil

12 service laws (including regulations), appoint

13 and terminate an executive director and such

14 other additional personnel as are necessary to

15 enable the Commission to perform the duties of

16 the Commission.

17 (B) CONFIRMATION OF EXECUTIVE DIREC18 TOR.—The employment of an executive director

19 shall be subject to confirmation by the Commis20 sion.

21 (3) COMPENSATION.—

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

23 subparagraph (B), the Chairperson of the Com24 mission may fix the compensation of the execu25 tive director and other personnel without regard
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1 to the provisions of chapter 51 and subchapter

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

3 relating to classification of positions and Gen4 eral Schedule pay rates.

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

6 pay for the executive director and other per7 sonnel shall not exceed the rate payable for

8 level V of the Executive Schedule under section

9 5316 of title 5, United States Code.

10 (4) DETAIL OF GOVERNMENT EMPLOYEES.—

11 (A) FEDERAL EMPLOYEES.—

12 (i) IN GENERAL.—On the request of

13 the Commission, the head of any Federal

14 agency may detail, on a reimbursable or

15 non-reimbursable basis, any of the per16 sonnel of the agency to the Commission to

17 assist the Commission in carrying out the

18 duties of the Commission under this Act.

19 (ii) CIVIL SERVICE STATUS.—The de20 tail of an employee under clause (i) shall

21 be without interruption or loss of civil serv22 ice status or privilege.

23 (B) STATE EMPLOYEES.—The Commission

24 may—
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1 (i) accept the services of personnel de2 tailed from States (including subdivisions

3 of States); and

4 (ii) reimburse States for services of

5 detailed personnel.

6 (5) VOLUNTEER AND UNCOMPENSATED SERV7 ICES.—Notwithstanding section 1342 of title 31,

8 United States Code, the Commission may accept and

9 use voluntary and uncompensated services as the

10 Commission determines necessary.

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

12 National Park Service shall provide to the Commis13 sion, on a reimbursable basis, such administrative

14 support services as the Commission may request.

15 (f) PROCUREMENT OF TEMPORARY AND INTERMIT16 TENT SERVICES.—The Chairperson of the Commission

17 may procure temporary and intermittent services in ac18 cordance with section 3109(b) of title 5, United States

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

20 equivalent of the annual rate of basic pay prescribed for

21 level V of the Executive Schedule under section 5316 of

22 that title.

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

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

25 apply to the Commission.
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1 (h) NO EFFECT ON AUTHORITY.—Nothing in this

2 section supersedes the authority of the State, the National

3 Park Service, or the Association for the Preservation of

4 Virginia Antiquities, concerning the commemoration.

5 (i) TERMINATION.—The Commission shall terminate

6 on December 31, 2008.

7 SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

8 There are authorized to be appropriated such sums

9 as are necessary to carry out this Act.

Æ