II Calendar No. 982 110th CONGRESS 2d Session S. 2359 IN THE SENATE OF THE UNITED STATES November 15, 2007 Mr. Martinez (for himself and Mr. Nelson of Florida) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources September 16, 2008 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 St. Augustine 450th Commemoration Commission, and for other purposes.
1.
Short title
This Act may be cited as the St. Augustine 450th Commemoration Commission Act of 2007.
2.
Findings and purpose
(a)
Findings
Congress makes the following findings: (1)The founding of the city of St. Augustine, Florida, in 1565 established the first permanent European colony and the birthplace of the Christian religion (particularly Roman Catholicism) in the New World. (2)The settlement of St. Augustine brought people from throughout the Atlantic Basin together to form a multicultural society, including peoples from Spain, England, and the rest of Europe as well as Native Americans and Africans. (3)The economic, political, religious, and other social institutions that have developed over the 4½ centuries of the continuous, uninterrupted existence of St. Augustine, the oldest city in North America, continue to have profound effects on the United States, on cross-cultural relationships, and on the economic structure, status, and international influence of the United States. (4)The National Park Service, the State of Florida, the city of St. Augustine, and the University of Florida collectively own and operate significant resources related to the history of St. Augustine. (5)The city of St. Augustine has existed continuously since 1565 and is the governmental entity responsible for planning and implementing the commemoration of the 450th anniversary of the founding of St. Augustine. (6)The city of St. Augustine has created a committee to prepare for the 450th anniversary commemoration, and planning for the commemoration has been initiated. (b)
Purpose
The purpose of this Act is to establish the St. Augustine 450th Commemoration Commission to— (1)ensure a suitable national observance of the 450th anniversary of the city of St. Augustine by complementing the programs and activities of the State of Florida and the city of St. Augustine; (2)cooperate with and assist in the programs and activities of the State of Florida in observance of the 450th anniversary of St. Augustine; (3)assist in ensuring that the St. Augustine 450th anniversary observances provide an excellent visitor experience and beneficial interaction between visitors and the natural and cultural resources of the St. Augustine sites; (4)assist in ensuring that the St. Augustine 450th anniversary observances are inclusive and appropriately recognize the experiences of all peoples in St. Augustine’s history; (5)provide assistance in the development of St. Augustine-related programs and activities; (6)facilitate international involvement in the St. Augustine 450th anniversary observances; (7)support and facilitate marketing efforts for a commemorative coin, stamp, and related activities for the St. Augustine 450th anniversary observances; and (8)assist in the appropriate development of heritage tourism and economic benefits to the United States through the commemoration of the 450th anniversary of the city of St. Augustine.
3.
Definitions
In this Act— (1)
Commemoration
The term commemoration means the commemoration of the 450th anniversary of the founding of the settlement of St. Augustine. (2)
Commission
The term Commission means the St. Augustine 450th Commemoration Commission established by section 4. (3)
Governor
The term Governor means the Governor of the State of Florida. (4)
Secretary
The term Secretary means the Secretary of the Interior. (5)
State
(A)
In general
The term State means the State of Florida. (B)
Inclusion
The term State includes agencies and entities of the State of Florida.
4.
Establishment
There is established a commission to be known as the St. Augustine 450th Commemoration Commission.
5.
Duties
(a)
In general
The Commission shall— (1)plan, develop, and execute programs and activities appropriate to commemorate the 450th anniversary of the founding of St. Augustine, Florida; (2)generally facilitate St. Augustine commemoration-related activities throughout the United States; (3)encourage civic, patriotic, historical, educational, religious, economic, and other organizations throughout the United States to organize and participate in anniversary activities to expand understanding and appreciation of the significance of the founding and continuing history of St. Augustine; (4)coordinate and facilitate scholarly research on, publication about, and interpretation of, St. Augustine for the education of the public; and (5)ensure that the 450th anniversary of St. Augustine provides a lasting legacy and long-term public benefit for the United States by assisting in the development of appropriate programs and facilities to accommodate those programs. (b)
Plans; reports
(1)
Strategic plan; annual performance plans
In accordance with the Government Performance and Results Act of 1993, the Commission shall prepare a strategic plan and annual performance plans for the activities of the Commission carried out under this Act. (2)
Final report
Not later than December 31, 2015, the Commission shall complete a final report that contains— (A)a summary of the activities of the Commission; (B)a final accounting of funds received and expended by the Commission; and (C)the findings and recommendations of the Commission.
6.
Membership
(a)
In general
The Commission shall be composed of 16 members, of whom— (1)3 members shall be appointed by the Secretary, taking into consideration the recommendations of the St. Augustine City Commission; (2)3 members shall be appointed by the Secretary, taking into consideration the recommendations of the Governor; (3)1 member shall be an employee of the National Park Service having experience relevant to the historic resources relating to the city of St. Augustine and the commemoration, to be appointed by the Secretary; (4)1 member shall be the Mayor of the city of St. Augustine (or a designee); (5)1 member shall be an employee of the State University System of Florida, to be appointed by the Secretary; and (6)5 members shall be individuals who are nonresidents of the State of Florida who have an interest in, support for, and expertise appropriate to the commemoration, to be appointed by the Secretary, taking into consideration the recommendation of Congress. (b)
Time of appointment
Each initial appointment of a member of the Commission shall be made before the expiration of the 120-day period beginning on the date of the enactment of this Act. (c)
Term; vacancies
(1)
Term
A member of the Commission shall be appointed for the life of the Commission, unless a designee is appointed pursuant to subsection (a)(4). (2)
Vacancies
(A)
In general
A vacancy on the Commission shall be filled in the same manner in which the original appointment was made. (B)
Partial term
A member appointed to fill a vacancy on the Commission shall serve for the remainder of the term for which the predecessor of the member was appointed. (3)
Continuation of membership
If a member of the Commission was appointed to the Commission as Mayor of the city of St. Augustine or as an employee of the National Park Service or the State University System of Florida, and ceases to hold such position, that member may continue to serve on the Commission for not longer than the 30-day period beginning on the date that member ceases to hold such position. (d)
Meetings
(1)
In general
The Commission shall meet— (A)at least 3 times each year; or (B)at the call of the Chairperson or the majority of the members of the Commission. (2)
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. (e)
Voting
(1)
In general
The Commission shall act only on an affirmative vote of a majority of the members of the Commission. (2)
Quorum
A majority of the Commission shall constitute a quorum. (f)
Chairperson
The Secretary shall appoint a Chairperson of the Commission, taking into consideration any recommendations of the Governor. (g)
Compensation
(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 other than the compensation received for the services of the member as an officer or employee of the Federal Government. (3)
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.
7.
Director and staff
(a)
In general
The Chairperson of the Commission may, without regard to the provisions of title 5, United States Code, 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. (b)
Confirmation of executive director
The employment of an executive director shall be subject to confirmation by the Commission. (c)
Compensation
(1)
In general
Except as provided in paragraph (2), the Chairperson of 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. (d)
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 non-reimbursable 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. Any reimbursement under this paragraph shall be credited to the appropriation, fund, or account used for paying the amounts reimbursed. (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; and (B)reimburse the State for services of detailed personnel. (e)
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. (f)
Support services
The Director of the National Park Service shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request. Any reimbursement under this paragraph shall be credited to the appropriation, fund, or account used for paying the amounts reimbursed. (g)
Procurement of temporary and intermittent services
The Chairperson of 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 such title. (h)
FACA nonapplicability
Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (i)
No effect on authority
Nothing in this section supersedes the authority of the State, the National Park Service, the city of St. Augustine, or any designee of the foregoing, concerning the commemoration.
8.
Powers
(a)
In general
The Commission may— (1)accept donations and make dispersions of money, personal services, and real and personal property related to St. Augustine and the significance of St. Augustine in the history of the United States; (2)appoint such advisory committees as the Commission determines to be necessary to carry out this Act; (3)authorize any member or employee of the Commission to take any action that the Commission is authorized to take by this Act; (4)procure supplies, services, and property, and make or enter into contracts, leases, and other legal agreements, to carry out this Act (except that any contracts, leases, and other legal agreements made or entered into by the Commission shall not extend beyond the date of termination of the Commission); (5)use the United States mails in the same manner and under the same conditions as other Federal agencies; (6)make grants in amounts not to exceed $10,000 per grant to communities and nonprofit organizations to develop programs to assist in the commemoration; (7)make grants to research and scholarly organizations to research, publish, or distribute information relating to the early history of St. Augustine; and (8)provide technical assistance to States, localities, and nonprofit organizations to further the commemoration. (b)
Termination
The Commission shall terminate on December 31, 2015.
9.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this Act, and such appropriated sums shall not expire and shall remain until expended.
1.
Short title
This Act may be cited as the St. Augustine 450th Commemoration Commission Act of 2008.
2.
Definitions
In this Act: (1)
Commemoration
The term commemoration means the commemoration of the 450th anniversary of the founding of the settlement of St. Augustine, Florida. (2)
Commission
The term Commission means the St. Augustine 450th Commemoration Commission established by section 3(a). (3)
Governor
The term Governor means the Governor of the State. (4)
Secretary
The term Secretary means the Secretary of the Interior. (5)
State
(A)
In general
The term State means the State of Florida. (B)
Inclusion
The term State includes agencies and entities of the State of Florida.
3.
Establishment
(a)
In general
There is established a commission, to be known as the St. Augustine 450th Commemoration Commission. (b)
Membership
(1)
Composition
The Commission shall be composed of 14 members, of whom— (A)3 members shall be appointed by the Secretary, after considering the recommendations of the St. Augustine City Commission; (B)3 members shall be appointed by the Secretary, after considering the recommendations of the Governor; (C)1 member shall be an employee of the National Park Service having experience relevant to the historical resources relating to the city of St. Augustine and the commemoration, to be appointed by the Secretary; (D)1 member shall be appointed by the Secretary, taking into consideration the recommendations of the Mayor of the city of St. Augustine; (E)1 member shall be appointed by the Secretary, after considering the recommendations of the Chancellor of the University System of Florida; and (F)5 members shall be individuals who are residents of the State who have an interest in, support for, and expertise appropriate to the commemoration, to be appointed by the Secretary, taking into consideration the recommendations of Members of Congress. (2)
Time of appointment
Each appointment of an initial member of the Commission shall be made before the expiration of the 120-day period beginning on the date of enactment of this Act. (3)
Term; vacancies
(A)
Term
A member of the Commission shall be appointed for the life of the Commission. (B)
Vacancies
(i)
In general
A vacancy on the 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 Commission shall serve for the remainder of the term for which the predecessor of the member was appointed. (C)
Continuation of membership
If a member of the Commission was appointed to the Commission as Mayor of the city of St. Augustine or as an employee of the National Park Service or the State University System of Florida, and ceases to hold such position, that member may continue to serve on the Commission for not longer than the 30-day period beginning on the date on which that member ceases to hold the position. (c)
Duties
The Commission shall— (1)plan, develop, and carry out programs and activities appropriate for the commemoration; (2)facilitate activities relating to the commemoration throughout the United States; (3)encourage civic, patriotic, historical, educational, artistic, religious, economic, and other organizations throughout the United States to organize and participate in anniversary activities to expand understanding and appreciation of the significance of the founding and continuing history of St. Augustine; (4)provide technical assistance to States, localities, and nonprofit organizations to further the commemoration; (5)coordinate and facilitate for the public scholarly research on, publication about, and interpretation of, St. Augustine; (6)ensure that the commemoration provides a lasting legacy and long-term public benefit by assisting in the development of appropriate programs; and (7)help ensure that the observances of the foundation of St. Augustine are inclusive and appropriately recognize the experiences and heritage of all individuals present when St. Augustine was founded.
4.
Commission meetings
(a)
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. (b)
Meetings
The Commission shall meet— (1)at least 3 times each year; or (2)at the call of the Chairperson or the majority of the members of the Commission. (c)
Quorum
A majority of the 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
The Commission shall act only on an affirmative vote of a majority of the members of the Commission.
5.
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 and technical assistance
The Commission may— (1)provide grants in amounts not to exceed $20,000 per grant to communities and nonprofit organizations for use in developing programs to assist in the commemoration; (2)provide grants to research and scholarly organizations to research, publish, or distribute information relating to the early history of St. Augustine; and (3)provide technical assistance to States, localities, and nonprofit organizations to further the commemoration.
6.
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 other than 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)
Director and staff
(1)
In general
The Chairperson of the Commission may, without regard to the civil service laws (including regulations), nominate an executive director to enable the Commission to perform the duties of the Commission. (2)
Confirmation of executive director
The employment of an executive director shall be subject to confirmation by 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)
Detail
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; and (B)reimburse the State for services of detailed personnel. (f)
Procurement of temporary and intermittent services
The Chairperson of 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 such title. (g)
Volunteer and uncompensated services
Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use such voluntary and uncompensated services as the Commission determines to be necessary. (h)
Support services
(1)
In general
The Secretary shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request. (2)
Reimbursement
Any reimbursement under this paragraph shall be credited to the appropriation, fund, or account used for paying the amounts reimbursed. (i)
FACA nonapplicability
Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (j)
No effect on authority
Nothing in this section supersedes the authority of the State, the National Park Service, the city of St. Augustine, or any designee of those entities, with respect to the commemoration.
7.
Plans; reports
(a)
Strategic plan
The Commission shall prepare a strategic plan for the activities of the Commission carried out under this Act. (b)
Final report
Not later than September 30, 2015, the Commission shall complete and submit to Congress a final 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.
8.
Authorization of appropriations
(a)
In general
There is authorized to be appropriated to the Commission to carry out this Act $500,000 for each of fiscal years 2009 through 2015. (b)
Availability
Amounts made available under subsection (a) shall remain available until December 31, 2015.
9.
Termination of Commission
(a)
Date of termination
The Commission shall terminate on December 31, 2015. (b)
Transfer of documents and materials
Before the date of termination specified in subsection (a), the Commission shall transfer all documents and materials of the Commission to the National Archives or another appropriate Federal entity.
September 16, 2008 Reported with an amendment