[Congressional Record Volume 150, Number 97 (Wednesday, July 14, 2004)]
[Senate]
[Pages S8132-S8134]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GRAHAM of Florida (for himself and Mr. Nelson of Florida):
  S. 2656. A bill to establish a National Commission on the 
Quincentennial of the discovery of Florida by Ponce de Leon; to the 
Committee on Energy and Natural Resources.
  Mr. GRAHAM. Mr. President, in 2013, our nation will celebrate the 
500th anniversary of Ponce de Leon's landing on the east coast of 
Florida. I am pleased to introduce a bill today that establishes a 
commission to determine how we can best commemorate his discovery of 
Florida. For a country as young as ours, a Quincentennial is a rare 
milestone worthy of tribute.
  Juan Ponce de Leon landed on the coast of Florida, south of the 
present-day St. Augustine, in April of 1513. During the Easter holiday, 
he explored our coasts, visiting the Florida Keys and the west coast of 
Florida. The first European explorer to step foot on North American 
soil, Ponce de Leon opened Florida and the mainland of the Americas to 
the rest of the world. Florida owes its heritage to Ponce de Leon. Even 
the name Florida dates back to Ponce de Leon's discovery. When he saw 
the lush terrain, Ponce de Leon named the area the ``land of flowers'' 
or ``Florida'' in Spanish.
  While there is no doubt that Ponce de Leon is a key part of Florida's 
history, his landing in Florida is ingrained in our entire nation's 
early history. Children read in their history books about the myths 
surrounding Ponce de Leon's voyages. His quest for the fountain of 
youth has become a myth symbolic of the age of exploration.
  Other Europeans were encouraged to make the dangerous journey across 
the Atlantic toward the Americas, persuaded by the stories of Ponce de 
Leon's explorations of the new lands of Florida. Ultimately, his 
discovery opened the path for exploration and colonization of the 
Americas.
  I have drafted this bill with the assistance of a notable scholar 
accomplished in the field of early Florida history--Dr. Samuel Proctor, 
Distinguished Service Professor Emeritus of History at the University 
of Florida. I would like to thank Dr. Proctor for all of his efforts in 
drafting this bill.
  Funding authorized by this legislation would support the activities 
of this commission and would allow for educational activities, 
ceremonies, and celebrations. Fittingly, the principal office for this 
operation would be located in St. Augustine, FL.
  With the establishment of this commission, my hope is to not only 
commemorate Ponce de Leon's arrival in Florida but to enhance the 
American public's knowledge about the impact of Florida's discovery on 
the history of the United States. I hope that my colleagues will 
recognize the importance of commemorating this historic event.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2656

       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. FINDINGS.

       Congress finds that--
       (1) the Quincentennial of the founding of Florida by Ponce 
     de Leon occurs in 2013, 500 years after Ponce de Leon landed 
     on its shores and explored the Keys and the west coast of 
     Florida;
       (2) evidence supports the theory that Ponce de Leon was the 
     first European to land on the shores of Florida;
       (3) Florida means ``the land of flowers'' and the State 
     owes its name to Ponce de Leon;
       (4) Ponce de Leon's quest for the ``fountain of youth'' has 
     become an established legend which has drawn fame and 
     recognition to Florida and the United States;
       (5) the discovery of Florida by Ponce de Leon, the myth of 
     the ``fountain of youth'', and the subsequent colonization of 
     Florida encouraged other European countries to explore the 
     New World and to establish settlements in the territory that 
     is currently the United States;
       (6) Florida was colonized under 5 flags; and
       (7) commemoration of the arrival in Florida of Ponce de 
     Leon and the beginning of the colonization of the Americas 
     would--
       (A) enhance public understanding of the impact of the 
     discovery of Florida on the history of the United States; and
       (B) provide lessons about the importance of exploration and 
     discovery.

     SEC. 3. 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 4(a).
       (2) Quincentennial.--The term ``Quincentennial'' means the 
     500th anniversary of the discovery of Florida by Ponce de 
     Leon.

     SEC. 4. 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 12 
     members--
       (A) of whom 5 members shall be Republicans and 5 members 
     shall be Democrats, including--
       (i) 6 members, of whom 3 members shall be Republicans and 3 
     members shall be Democrats, appointed by the President;
       (ii) 2 members, of whom 1 member shall be a Republican and 
     1 member shall be a Democrat, appointed by the President, on 
     the recommendation of the Majority Leader and the Minority 
     Leader of the Senate; and
       (iii) 2 members, of whom 1 member shall be a Republican and 
     1 member shall be a Democrat, appointed by the President, on 
     the recommendation of the Speaker of the House of 
     Representatives, in consultation with the Minority Leader of 
     the House of Representatives; and

[[Page S8133]]

       (B) including 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) International participation.--Not later than 60 days 
     after the date of enactment of this Act, the President shall 
     invite the Government of Spain to appoint 1 individual to 
     serve as a nonvoting member of the Commission.
       (4) 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 at the call of the 
     co-chairpersons described under subsection (h).
       (g) Quorum.--A quorum of the Commission for decision making 
     purposes shall be 7 members, except that a lesser number of 
     members, as determined by the Commission, may conduct 
     meetings.
       (h) Co-Chairpersons and Vice Co-Chairpersons.--
       (1) Co-chairpersons.--The President shall designate 2 of 
     the members of the Commission, 1 of whom shall be a 
     Republican and 1 of whom shall be a Democrat, to be co-
     chairpersons of the Commission.
       (2) Co-vice-chairpersons.--The Commission shall select 2 
     co-vice-chairpersons, 1 of whom shall be a Republican and 1 
     of whom shall be a Democrat, from among the members of the 
     Commission.

     SEC. 5. DUTIES.

       (a) In General.--The Commission shall--
       (1) conduct a study regarding the feasibility of creating a 
     National Heritage Area or National Monument to commemorate 
     the discovery of Florida;
       (2) 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;
       (3) consult with and encourage appropriate Federal 
     departments and agencies, State and local 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
       (4) 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.

     SEC. 6. 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. 7. 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.

[[Page S8134]]

       (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.

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--Subject to subsection (b), there are 
     authorized to be appropriated to carry out the purposes of 
     this Act such sums as may be necessary 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.
                                 ______