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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2656 Referred in House (RFH)]

  2d Session
                                S. 2656

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 16, 2004

             Referred to the Committee on Government Reform

_______________________________________________________________________

                                 AN ACT

 
    To establish a National Commission on the Quincentennial of the 
                 discovery of Florida by Ponce de Leon.

    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 ``Ponce de Leon Discovery of Florida 
Quincentennial Commission Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the National 
        Commission on the Quincentennial of the discovery of Florida by 
        Ponce de Leon established under section 3(a).
            (2) Governor.--The term ``Governor'' means the Governor of 
        the State of Florida.
            (3) Quincentennial.--The term ``Quincentennial'' means the 
        500th anniversary of the discovery of Florida by Ponce de Leon.

SEC. 3. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as the ``National Commission on the Quincentennial of the discovery of 
Florida by Ponce de Leon''.
    (b) Duties.--The Commission shall plan, encourage, coordinate, and 
conduct the commemoration of the Quincentennial.
    (c) Membership.--
            (1) Composition.--The Commission shall be composed of 10 
        members, including--
                    (A) 2 members, to be appointed by the President, on 
                the recommendation of the Majority Leader and the 
                Minority Leader of the Senate;
                    (B) 2 members, to be appointed by the President, on 
                the recommendation of the Speaker of the House of 
                Representatives and the Minority Leader of the House of 
                Representatives; and
                    (C) 4 members, to be appointed by the President, 
                taking into consideration the recommendations of the 
                Governor, the Director of the National Park Service, 
                and the Secretary of the Smithsonian Institution.
            (2) Criteria.--A member of the Commission shall be chosen 
        from among individuals that have demonstrated a strong sense of 
        public service, expertise in the appropriate professions, 
        scholarship, and abilities likely to contribute to the 
        fulfillment of the duties of the Commission.
            (3) Date of appointments.--Not later than 60 days after the 
        date of enactment of this Act, the members of the Commission 
        described in paragraph (1) shall be appointed.
    (d) Term; Vacancies.--
            (1) Term.--A member shall be appointed for the life of the 
        Commission.
            (2) Vacancy.--A vacancy on the Commission--
                    (A) shall not affect the powers of the Commission; 
                and
                    (B) shall be filled in the same manner as the 
                original appointment was made.
    (e) 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.
    (f) Meetings.--The Commission shall meet annually at the call of 
the co-chairpersons described under subsection (h).
    (g) Quorum.--A quorum of the Commission for decision making 
purposes shall be 5 members, except that a lesser number of members, as 
determined by the Commission, may conduct meetings.
    (h) Co-chairpersons.--The President shall designate 2 of the 
members of the Commission as co-chairpersons of the Commission.

SEC. 4. DUTIES.

    (a) In General.--The Commission shall--
            (1) plan and develop activities appropriate to commemorate 
        the Quincentennial including a limited number of proposed 
        projects to be undertaken by the appropriate Federal 
        departments and agencies that commemorate the Quincentennial by 
        seeking to harmonize and balance the important goals of 
        ceremony and celebration with the equally important goals of 
        scholarship and education;
            (2) consult with and encourage appropriate Federal 
        departments and agencies, State and local governments, Indian 
        tribal governments, elementary and secondary schools, colleges 
        and universities, foreign governments, and private 
        organizations to organize and participate in Quincentennial 
        activities commemorating or examining--
                    (A) the history of Florida;
                    (B) the discovery of Florida;
                    (C) the life of Ponce de Leon;
                    (D) the myths surrounding Ponce de Leon's search 
                for gold and for the ``fountain of youth'';
                    (E) the exploration of Florida; and
                    (F) the beginnings of the colonization of North 
                America; and
            (3) coordinate activities throughout the United States and 
        internationally that relate to the history and influence of the 
        discovery of Florida.
    (b) Reports.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Commission shall submit to the 
        President and the Committee on Energy and Natural Resources of 
        the Senate and the Committee on Resources of the House of 
        Representatives a comprehensive report that includes specific 
        recommendations for--
                    (A) the allocation of financial and administrative 
                responsibility among participating entities and persons 
                with respect to commemoration of the Quincentennial; 
                and
                    (B) the commemoration of the Quincentennial and 
                related events through programs and activities, 
                including--
                            (i) the production, publication, and 
                        distribution of books, pamphlets, films, 
                        electronic publications, and other educational 
                        materials focusing on the history and impact of 
                        the discovery of Florida on the United States 
                        and the world;
                            (ii) bibliographical and documentary 
                        projects, publications, and electronic 
                        resources;
                            (iii) conferences, convocations, lectures, 
                        seminars, and other programs;
                            (iv) the development of programs by and for 
                        libraries, museums, parks and historic sites, 
                        including international and national traveling 
                        exhibitions;
                            (v) ceremonies and celebrations 
                        commemorating specific events;
                            (vi) the production, distribution, and 
                        performance of artistic works, and of programs 
                        and activities, focusing on the national and 
                        international significance of the discovery of 
                        Florida; and
                            (vii) the issuance of commemorative coins, 
                        medals, certificates of recognition, and 
                        stamps.
            (2) Annual report.--The Commission shall submit an annual 
        report that describes the activities, programs, expenditures, 
        and donations of or received by the Commission to--
                    (A) the President; and
                    (B) the Committee on Energy and Natural Resources 
                of the Senate and the Committee on Resources of the 
                House of Representatives.
            (3) Final report.--Not later than December 31, 2013, the 
        Commission shall submit a final report that describes the 
        activities, programs, expenditures, and donations of or 
        received by the Commission to--
                    (A) the President; and
                    (B) the Committee on Energy and Natural Resources 
                of the Senate and the Committee on Resources of the 
                House of Representatives.
    (c) Assistance.--In carrying out this Act, the Commission shall 
consult, cooperate with, and seek advice and assistance from 
appropriate Federal departments and agencies, including the Department 
of the Interior.
    (d) Coordination of Activities.--In carrying out the duties of the 
Commission, the Commission, in consultation with the Secretary of 
State, may coordinate with the Government of Spain and political 
subdivisions in Spain for the purposes of exchanging information and 
research and otherwise involving the Government of Spain, as 
appropriate, in the commemoration of the Quincentennial.

SEC. 5. POWERS OF THE COMMISSION.

    (a) In General.--The Commission may provide for--
            (1) the preparation, distribution, dissemination, 
        exhibition, and sale of historical, commemorative, and 
        informational materials and objects that will contribute to 
        public awareness of, and interest in, the Quincentennial, 
        except that any commemorative coin, medal, or postage stamp 
        recommended to be issued by the United States shall be sold 
        only by a Federal department or agency;
            (2) competitions and awards for historical, scholarly, 
        artistic, literary, musical, and other works, programs, and 
        projects relating to the Quincentennial;
            (3) a Quincentennial calendar or register of programs and 
        projects;
            (4) a central clearinghouse for information and 
        coordination regarding dates, events, places, documents, 
        artifacts, and personalities of Quincentennial historical and 
        commemorative significance; and
            (5) the design and designation of logos, symbols, or marks 
        for use in connection with the commemoration of the 
        Quincentennial and shall establish procedures regarding their 
        use.
    (b) Advisory Committee.--The Commission may appoint such advisory 
committees as the Commission determines necessary to carry out the 
purposes of this Act.

SEC. 6. ADMINISTRATION.

    (a) Location of Office.--
            (1) Principal office.--The principal office of the 
        Commission shall be in St. Augustine, Florida.
            (2) Satellite office.--The Commission may establish a 
        satellite office in Washington, D.C.
    (b) Staff.--
            (1) Appointment of director and deputy director.--
                    (A) In general.--The co-chairpersons, with the 
                advice of the Commission, may appoint and terminate a 
                director and deputy director without regard to the 
                civil service laws (including regulations).
                    (B) Delegation to director.--The Commission may 
                delegate such powers and duties to the director as may 
                be necessary for the efficient operation and management 
                of the Commission.
            (2) Staff paid from federal funds.--The Commission may use 
        any available Federal funds to appoint and fix the compensation 
        of not more than 4 additional personnel staff members, as the 
        Commission determines necessary.
            (3) Staff paid from non-federal funds.--The Commission may 
        use any available non-Federal funds to appoint and fix the 
        compensation of additional personnel.
            (4) Compensation.--
                    (A) Members.--
                            (i) In general.--A member of the Commission 
                        shall serve without compensation.
                            (ii) 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.
                    (B) Staff.--
                            (i) In general.--The co-chairpersons of the 
                        Commission may fix the compensation of the 
                        director, deputy 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.
                            (ii) Maximum rate of pay.--
                                    (I) Director.--The rate of pay for 
                                the director shall not exceed the rate 
                                payable for level IV of the Executive 
                                Schedule under section 5315 of title 5, 
                                United States Code.
                                    (II) Deputy director.--The rate of 
                                pay for the deputy director shall not 
                                exceed the rate payable for level V of 
                                the Executive Schedule under section 
                                5316 of title 5, United States Code.
                                    (III) Staff members.--The rate of 
                                pay for staff members appointed under 
                                paragraph (2) shall not exceed the rate 
                                payable for grade GS-15 of the General 
                                Schedule under section 5332 of title 5, 
                                United States Code.
    (c) Detail of Federal Government Employees.--
            (1) In general.--On request of the Commission, the head of 
        any Federal agency or department may detail any of the 
        personnel of the agency or department to the Commission to 
        assist the Commission in carrying out this Act.
            (2) Reimbursement.--A detail of personnel under this 
        subsection shall be without reimbursement by the Commission to 
        the agency from which the employee was detailed.
            (3) Civil service status.--The detail of the employee shall 
        be without interruption or loss of civil service status or 
        privilege.
    (d) Other Revenues and Expenditures.--
            (1) In general.--The Commission may procure supplies, 
        services, and property, enter into contracts, and expend funds 
        appropriated, donated, or received to carry out contracts.
            (2) Donations.--
                    (A) In general.--The Commission may solicit, 
                accept, use, and dispose of donations of money, 
                property, or personal services.
                    (B) Limitations.--Subject to subparagraph (C), the 
                Commission shall not accept donations--
                            (i) the value of which exceeds $50,000 
                        annually, in the case of donations from an 
                        individual; or
                            (ii) the value of which exceeds $250,000 
                        annually, in the case of donations from a 
                        person other than an individual.
                    (C) Nonprofit organization.--The limitations in 
                subparagraph (B) shall not apply in the case of an 
                organization that is--
                            (i) described in section 501(c)(3) of the 
                        Internal Revenue Code of 1986; and
                            (ii) exempt from taxation under section 
                        501(a) of the Internal Revenue Code of 1986.
            (3) Acquired items.--Any book, manuscript, miscellaneous 
        printed matter, memorabilia, relic, and other material or 
        property relating to the time period of the discovery of 
        Florida acquired by the Commission may be deposited for 
        preservation in national, State, or local libraries, museums, 
        archives, or other agencies with the consent of the depositary 
        institution.
    (e) Postal Services.--The Commission may use the United States mail 
to carry out this Act in the same manner and under the same conditions 
as other agencies of the Federal Government.
    (f) Voluntary Services.--Notwithstanding section 1342 of title 31, 
United States Code, the Commission may accept and use voluntary and 
uncompensated services as the Commission determines to be necessary.

SEC. 7. STUDY.

    The Secretary of the Interior shall--
            (1) in accordance with section 8(c) of Public Law 91-383 
        (16 U.S.C. 1a-5(c)), conduct a study to assess the suitability 
        and feasibility of designating an area in the State of Florida 
        as a unit of the National Park System to commemorate the 
        discovery of Florida by Ponce de Leon; and
            (2) not later than 3 years after the date on which funds 
        are made available to carry out the study, submit to the 
        Committee on Energy and Natural Resources of the Senate and the 
        Committee on Resources of the House of Representatives a report 
        that describes--
                    (A) the findings of the study; and
                    (B) any conclusions and recommendations of the 
                Secretary of the Interior with respect to the study.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Subject to subsection (b), there is authorized to 
be appropriated to carry out the purposes of this Act $250,000 for each 
of fiscal years 2005 through 2013.
    (b) Availability of Funds.--Amounts appropriated under this section 
for any fiscal year shall remain available until December 31, 2013.

SEC. 9. TERMINATION OF AUTHORITY.

    The authority provided by this Act terminates effective December 
31, 2013.

            Passed the Senate October 10, 2004.

            Attest:

                                             EMILY J. REYNOLDS,

                                                             Secretary.
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