108TH CONGRESS

2D SESSION S. 2656

AN ACT

To establish a National Commission on the Quincentennial

of the discovery of Florida by Ponce de Leon.

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 ‘‘Ponce de Leon Dis5 covery of Florida Quincentennial Commission Act’’.
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1 SEC. 2. DEFINITIONS.

2 In this Act:

3 (1) COMMISSION.—The term ‘‘Commission’’

4 means the National Commission on the Quincenten5 nial of the discovery of Florida by Ponce de Leon es6 tablished under section 3(a).

7 (2) GOVERNOR.—The term ‘‘Governor’’ means

8 the Governor of the State of Florida.

9 (3) QUINCENTENNIAL.—The term ‘‘Quin10 centennial’’ means the 500th anniversary of the dis11 covery of Florida by Ponce de Leon.

12 SEC. 3. ESTABLISHMENT OF COMMISSION.

13 (a) ESTABLISHMENT.—There is established a com14 mission to be known as the ‘‘National Commission on the

15 Quincentennial of the discovery of Florida by Ponce de

16 Leon’’.

17 (b) DUTIES.—The Commission shall plan, encourage,

18 coordinate, and conduct the commemoration of the Quin19 centennial.

20 (c) MEMBERSHIP.—

21 (1) COMPOSITION.—The Commission shall be

22 composed of 10 members, including—

23 (A) 2 members, to be appointed by the

24 President, on the recommendation of the Major25 ity Leader and the Minority Leader of the Sen26 ate;
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1 (B) 2 members, to be appointed by the

2 President, on the recommendation of the

3 Speaker of the House of Representatives and

4 the Minority Leader of the House of Represent5 atives; and

6 (C) 4 members, to be appointed by the

7 President, taking into consideration the rec8 ommendations of the Governor, the Director of

9 the National Park Service, and the Secretary of

10 the Smithsonian Institution.

11 (2) CRITERIA.—A member of the Commission

12 shall be chosen from among individuals that have

13 demonstrated a strong sense of public service, exper14 tise in the appropriate professions, scholarship, and

15 abilities likely to contribute to the fulfillment of the

16 duties of the Commission.

17 (3) DATE OF APPOINTMENTS.—Not later than

18 60 days after the date of enactment of this Act, the

19 members of the Commission described in paragraph

20 (1) shall be appointed.

21 (d) TERM; VACANCIES.—

22 (1) TERM.—A member shall be appointed for

23 the life of the Commission.

24 (2) VACANCY.—A vacancy on the

25 Commission—
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1 (A) shall not affect the powers of the Com2 mission; and

3 (B) shall be filled in the same manner as

4 the original appointment was made.

5 (e) INITIAL MEETING.—Not later than 30 days after

6 the date on which all members of the Commission have

7 been appointed, the Commission shall hold the initial

8 meeting of the Commission.

9 (f) MEETINGS.—The Commission shall meet annually

10 at the call of the co-chairpersons described under sub11 section (h).

12 (g) QUORUM.—A quorum of the Commission for deci13 sion making purposes shall be 5 members, except that a

14 lesser number of members, as determined by the Commis15 sion, may conduct meetings.

16 (h) CO-CHAIRPERSONS.—The President shall des17 ignate 2 of the members of the Commission as co-chair18 persons of the Commission.

19 SEC. 4. DUTIES.

20 (a) IN GENERAL.—The Commission shall—

21 (1) plan and develop activities appropriate to

22 commemorate the Quincentennial including a limited

23 number of proposed projects to be undertaken by the

24 appropriate Federal departments and agencies that

25 commemorate the Quincentennial by seeking to har-
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1 monize and balance the important goals of ceremony

2 and celebration with the equally important goals of

3 scholarship and education;

4 (2) consult with and encourage appropriate

5 Federal departments and agencies, State and local

6 governments, Indian tribal governments, elementary

7 and secondary schools, colleges and universities, for8 eign governments, and private organizations to orga9 nize and participate in Quincentennial activities

10 commemorating or examining—

11 (A) the history of Florida;

12 (B) the discovery of Florida;

13 (C) the life of Ponce de Leon;

14 (D) the myths surrounding Ponce de

15 Leon’s search for gold and for the ‘‘fountain of

16 youth’’;

17 (E) the exploration of Florida; and

18 (F) the beginnings of the colonization of

19 North America; and

20 (3) coordinate activities throughout the United

21 States and internationally that relate to the history

22 and influence of the discovery of Florida.

23 (b) REPORTS.—

24 (1) IN GENERAL.—Not later than 1 year after

25 the date of enactment of this Act, the Commission
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1 shall submit to the President and the Committee on

2 Energy and Natural Resources of the Senate and

3 the Committee on Resources of the House of Rep4 resentatives a comprehensive report that includes

5 specific recommendations for—

6 (A) the allocation of financial and adminis7 trative responsibility among participating enti8 ties and persons with respect to commemoration

9 of the Quincentennial; and

10 (B) the commemoration of the Quincenten11 nial and related events through programs and

12 activities, including—

13 (i) the production, publication, and

14 distribution of books, pamphlets, films,

15 electronic publications, and other edu16 cational materials focusing on the history

17 and impact of the discovery of Florida on

18 the United States and the world;

19 (ii) bibliographical and documentary

20 projects, publications, and electronic re21 sources;

22 (iii) conferences, convocations, lec23 tures, seminars, and other programs;

24 (iv) the development of programs by

25 and for libraries, museums, parks and his-
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1 toric sites, including international and na2 tional traveling exhibitions;

3 (v) ceremonies and celebrations com4 memorating specific events;

5 (vi) the production, distribution, and

6 performance of artistic works, and of pro7 grams and activities, focusing on the na8 tional and international significance of the

9 discovery of Florida; and

10 (vii) the issuance of commemorative

11 coins, medals, certificates of recognition,

12 and stamps.

13 (2) ANNUAL REPORT.—The Commission shall

14 submit an annual report that describes the activities,

15 programs, expenditures, and donations of or received

16 by the Commission to—

17 (A) the President; and

18 (B) the Committee on Energy and Natural

19 Resources of the Senate and the Committee on

20 Resources of the House of Representatives.

21 (3) FINAL REPORT.—Not later than December

22 31, 2013, the Commission shall submit a final re23 port that describes the activities, programs, expendi24 tures, and donations of or received by the Commis25 sion to—
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1 (A) the President; and

2 (B) the Committee on Energy and Natural

3 Resources of the Senate and the Committee on

4 Resources of the House of Representatives.

5 (c) ASSISTANCE.—In carrying out this Act, the Com6 mission shall consult, cooperate with, and seek advice and

7 assistance from appropriate Federal departments and

8 agencies, including the Department of the Interior.

9 (d) COORDINATION OF ACTIVITIES.—In carrying out

10 the duties of the Commission, the Commission, in con11 sultation with the Secretary of State, may coordinate with

12 the Government of Spain and political subdivisions in

13 Spain for the purposes of exchanging information and re14 search and otherwise involving the Government of Spain,

15 as appropriate, in the commemoration of the Quincenten16 nial.

17 SEC. 5. POWERS OF THE COMMISSION.

18 (a) IN GENERAL.—The Commission may provide

19 for—

20 (1) the preparation, distribution, dissemination,

21 exhibition, and sale of historical, commemorative,

22 and informational materials and objects that will

23 contribute to public awareness of, and interest in,

24 the Quincentennial, except that any commemorative

25 coin, medal, or postage stamp recommended to be
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1 issued by the United States shall be sold only by a

2 Federal department or agency;

3 (2) competitions and awards for historical,

4 scholarly, artistic, literary, musical, and other works,

5 programs, and projects relating to the Quincenten6 nial;

7 (3) a Quincentennial calendar or register of

8 programs and projects;

9 (4) a central clearinghouse for information and

10 coordination regarding dates, events, places, docu11 ments, artifacts, and personalities of Quincentennial

12 historical and commemorative significance; and

13 (5) the design and designation of logos, sym14 bols, or marks for use in connection with the com15 memoration of the Quincentennial and shall estab16 lish procedures regarding their use.

17 (b) ADVISORY COMMITTEE.—The Commission may

18 appoint such advisory committees as the Commission de19 termines necessary to carry out the purposes of this Act.

20 SEC. 6. ADMINISTRATION.

21 (a) LOCATION OF OFFICE.—

22 (1) PRINCIPAL OFFICE.—The principal office of

23 the Commission shall be in St. Augustine, Florida.

24 (2) SATELLITE OFFICE.—The Commission may

25 establish a satellite office in Washington, D.C.
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1 (b) STAFF.—

2 (1) APPOINTMENT OF DIRECTOR AND DEPUTY

3 DIRECTOR.—

4 (A) IN GENERAL.—The co-chairpersons,

5 with the advice of the Commission, may appoint

6 and terminate a director and deputy director

7 without regard to the civil service laws (includ8 ing regulations).

9 (B) DELEGATION TO DIRECTOR.—The

10 Commission may delegate such powers and du11 ties to the director as may be necessary for the

12 efficient operation and management of the

13 Commission.

14 (2) STAFF PAID FROM FEDERAL FUNDS.—The

15 Commission may use any available Federal funds to

16 appoint and fix the compensation of not more than

17 4 additional personnel staff members, as the Com18 mission determines necessary.

19 (3) STAFF PAID FROM NON-FEDERAL FUNDS.—

20 The Commission may use any available non-Federal

21 funds to appoint and fix the compensation of addi22 tional personnel.

23 (4) COMPENSATION.—

24 (A) MEMBERS.—
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1 (i) IN GENERAL.—A member of the

2 Commission shall serve without compensa3 tion.

4 (ii) TRAVEL EXPENSES.—A member

5 of the Commission shall be allowed travel

6 expenses, including per diem in lieu of sub7 sistence, at rates authorized for an em8 ployee of an agency under subchapter I of

9 chapter 57 of title 5, United States Code,

10 while away from the home or regular place

11 of business of the member in the perform12 ance of the duties of the Commission.

13 (B) STAFF.—

14 (i) IN GENERAL.—The co-chair15 persons of the Commission may fix the

16 compensation of the director, deputy direc17 tor, and other personnel without regard to

18 the provisions of chapter 51 and sub19 chapter III of chapter 53 of title 5, United

20 States Code, relating to classification of

21 positions and General Schedule pay rates.

22 (ii) MAXIMUM RATE OF PAY.—

23 (I) DIRECTOR.—The rate of pay

24 for the director shall not exceed the

25 rate payable for level IV of the Execu-
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1 tive Schedule under section 5315 of

2 title 5, United States Code.

3 (II) DEPUTY DIRECTOR.—The

4 rate of pay for the deputy director

5 shall not exceed the rate payable for

6 level V of the Executive Schedule

7 under section 5316 of title 5, United

8 States Code.

9 (III) STAFF MEMBERS.—The

10 rate of pay for staff members ap11 pointed under paragraph (2) shall not

12 exceed the rate payable for grade GS–

13 15 of the General Schedule under sec14 tion 5332 of title 5, United States

15 Code.

16 (c) DETAIL OF FEDERAL GOVERNMENT EMPLOY17 EES.—

18 (1) IN GENERAL.—On request of the Commis19 sion, the head of any Federal agency or department

20 may detail any of the personnel of the agency or de21 partment to the Commission to assist the Commis22 sion in carrying out this Act.

23 (2) REIMBURSEMENT.—A detail of personnel

24 under this subsection shall be without reimburse-
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1 ment by the Commission to the agency from which

2 the employee was detailed.

3 (3) CIVIL SERVICE STATUS.—The detail of the

4 employee shall be without interruption or loss of civil

5 service status or privilege.

6 (d) OTHER REVENUES AND EXPENDITURES.—

7 (1) IN GENERAL.—The Commission may pro8 cure supplies, services, and property, enter into con9 tracts, and expend funds appropriated, donated, or

10 received to carry out contracts.

11 (2) DONATIONS.—

12 (A) IN GENERAL.—The Commission may

13 solicit, accept, use, and dispose of donations of

14 money, property, or personal services.

15 (B) LIMITATIONS.—Subject to subpara16 graph (C), the Commission shall not accept

17 donations—

18 (i) the value of which exceeds $50,000

19 annually, in the case of donations from an

20 individual; or

21 (ii) the value of which exceeds

22 $250,000 annually, in the case of dona23 tions from a person other than an indi24 vidual.
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1 (C) NONPROFIT ORGANIZATION.—The lim2 itations in subparagraph (B) shall not apply in

3 the case of an organization that is—

4 (i) described in section 501(c)(3) of

5 the Internal Revenue Code of 1986; and

6 (ii) exempt from taxation under sec7 tion 501(a) of the Internal Revenue Code

8 of 1986.

9 (3) ACQUIRED ITEMS.—Any book, manuscript,

10 miscellaneous printed matter, memorabilia, relic, and

11 other material or property relating to the time pe12 riod of the discovery of Florida acquired by the

13 Commission may be deposited for preservation in na14 tional, State, or local libraries, museums, archives,

15 or other agencies with the consent of the depositary

16 institution.

17 (e) POSTAL SERVICES.—The Commission may use

18 the United States mail to carry out this Act in the same

19 manner and under the same conditions as other agencies

20 of the Federal Government.

21 (f) VOLUNTARY SERVICES.—Notwithstanding section

22 1342 of title 31, United States Code, the Commission may

23 accept and use voluntary and uncompensated services as

24 the Commission determines to be necessary.
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1 SEC. 7. STUDY.

2 The Secretary of the Interior shall—

3 (1) in accordance with section 8(c) of Public

4 Law 91–383 (16 U.S.C. 1a–5(c)), conduct a study

5 to assess the suitability and feasibility of designating

6 an area in the State of Florida as a unit of the Na7 tional Park System to commemorate the discovery of

8 Florida by Ponce de Leon; and

9 (2) not later than 3 years after the date on

10 which funds are made available to carry out the

11 study, submit to the Committee on Energy and Nat12 ural Resources of the Senate and the Committee on

13 Resources of the House of Representatives a report

14 that describes—

15 (A) the findings of the study; and

16 (B) any conclusions and recommendations

17 of the Secretary of the Interior with respect to

18 the study.

19 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

20 (a) IN GENERAL.—Subject to subsection (b), there

21 is authorized to be appropriated to carry out the purposes

22 of this Act $250,000 for each of fiscal years 2005 through

23 2013.

24 (b) AVAILABILITY OF FUNDS.—Amounts appro25 priated under this section for any fiscal year shall remain

26 available until December 31, 2013.
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1 SEC. 9. TERMINATION OF AUTHORITY.

2 The authority provided by this Act terminates effec3 tive December 31, 2013.

Passed the Senate October 10, 2004.

Attest:

Secretary.
108TH CONGRESS

2D SESSION S. 2656

AN ACT

To establish a National Commission on the Quinde Leon. centennial of the discovery of Florida by Ponce