[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 3137 Enrolled Bill (ENR)]

        S.3137

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 An Act


 
 To establish a commission to commemorate the 250th anniversary of the 
                         birth of James Madison.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``James Madison 
Commemoration Commission Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:
Sec.  1. Short title; table of contents.
Sec.  2. Congressional findings.
Sec.  3. Establishment.
Sec.  4. Duties.
Sec.  5. Membership.
Sec.  6. Powers.
Sec.  7. Staffing and support.
Sec.  8. Contributions.
Sec.  9. Reports.
Sec. 10. Audit of financial transactions.
Sec. 11. Termination.
Sec. 12. Authorization of appropriations.

SEC. 2. CONGRESSIONAL FINDINGS.

    Congress finds that--
        (1) March 16, 2001, marks the 250th anniversary of the birth of 
    James Madison;
        (2) as a delegate to the Continental Congress, and to the 
    Annapolis Convention of 1786, James Madison foresaw the need for a 
    more effective national government and was a persuasive advocate 
    for such a government at the Philadelphia Constitutional Convention 
    of 1787;
        (3) James Madison worked tirelessly and successfully at the 
    Constitutional Convention to mold a national charter, the United 
    States Constitution, that combined both energy and restraint, 
    empowering the legislature, the executive, and the judiciary, 
    within a framework of limited government, separated powers, and a 
    system of federalism;
        (4) James Madison was an eloquent proponent of the first 10 
    amendments to the Constitution, the Bill of Rights;
        (5) James Madison faithfully served his country as a 
    Representative in Congress from 1789 to 1797, as Secretary of State 
    from 1801 to 1809, and as President of the United States from 1809 
    to 1817;
        (6) as President, James Madison showed courage and resolute 
    will in leading the United States to victory over Great Britain in 
    the War of 1812;
        (7) James Madison's political writings, as exemplified by his 
    Notes on the Federal Convention and his contributions to The 
    Federalist Papers, are among the most distinguished of American 
    state papers;
        (8) by his learning, his devotion to ordered liberty, and by 
    the force of his intellect, James Madison made an indispensable 
    contribution to the American tradition of democratic constitutional 
    republicanism embodied in the Constitution of the United States, 
    and is justifiably acclaimed as father of the Constitution;
        (9) it is appropriate to remember, honor, and renew the legacy 
    of James Madison for the American people and, indeed for all 
    mankind; and
        (10) as the Nation approaches March 16, 2001, marking the 
    anniversary of the birth of James Madison, it is appropriate to 
    establish a commission for the commemoration of that anniversary.

SEC. 3. ESTABLISHMENT.

    A commission to be known as the James Madison Commemoration 
Commission (in this Act referred to as the ``Commission'') and a 
committee to be known as the James Madison Commemoration Advisory 
Committee (in this Act referred to as the ``Advisory Committee'') are 
established.

SEC. 4. DUTIES.

    (a) Commission.--The Commission shall--
        (1) in cooperation with the Advisory Committee and the Library 
    of Congress, direct the Government Printing Office to compile and 
    publish a substantial number of copies of a book (as directed by 
    the Commission) containing a selection of the most important 
    writings of James Madison and tributes to him by members of the 
    Commission and other persons that the Commission deems appropriate;
        (2) in cooperation with the Advisory Committee and the Library 
    of Congress, plan and coordinate 1 or more symposia, at least 1 of 
    which will be held on March 16, 2001, and all of which will be 
    devoted to providing a better understanding of James Madison's 
    contribution to American political culture;
        (3) in cooperation with the Advisory Committee recognize such 
    other events celebrating James Madison's birth and life as official 
    events of the Commission;
        (4) develop and coordinate any other activities relating to the 
    anniversary of the birth of James Madison as may be appropriate;
        (5) accept essay papers (via the Internet or otherwise) from 
    students attending public and private institutions of elementary 
    and secondary education in any State regarding James Madison's life 
    and contributions to America and award certificates to students who 
    author exceptional papers on this subject; and
        (6) bestow honorary memberships to the Commission or to the 
    Advisory Committee upon such persons as it deems appropriate.
    (b) Advisory Committee.--The Advisory Committee shall--
        (1) submit a suggested selection of James Madison's most 
    important writings to the Commission for the Commission to consider 
    for inclusion in the book printed as provided in subsection (a)(1);
        (2) submit a list and description of events concerning the 
    birth and life of James Madison to the Commission for the 
    Commission's consideration in recognizing such events as official 
    ``Commission Events''; and
        (3) make such other recommendations to the Commission as a 
    majority of its members deem appropriate.

SEC. 5. MEMBERSHIP.

    (a) Membership of the Commission.--
        (1) Number and appointment.--The Commission shall be composed 
    of 19 members, as follows:
            (A) The Chief Justice of the United States or such 
        individual's delegate who is an Associate Justice of the 
        Supreme Court of the United States.
            (B) The Majority Leader and the Minority Leader of the 
        Senate or each such individual's delegate who is a Member of 
        the Senate.
            (C) The Speaker of the House of Representatives and the 
        Minority Leader of the House of Representatives or each such 
        individual's delegate who is a Member of the House of 
        Representatives.
            (D) The Chairman and the Ranking Member of the Committee on 
        the Judiciary of the Senate or each such individual's delegate 
        who is a member of such committee.
            (E) The Chairman and the Ranking Member of the Committee on 
        the Judiciary of the House of Representatives or each such 
        individual's delegate who is a member of such committee.
            (F) Two Members of the Senate selected by the Majority 
        Leader of the Senate and 2 Members of the Senate selected by 
        the Minority Leader of the Senate.
            (G) Two members of the House of Representatives selected by 
        the Speaker of the House of Representatives and 2 Members of 
        the House of Representatives selected by the Minority Leader of 
        the House of Representatives.
            (H) Two members of the executive branch selected by the 
        President of the United States.
        (2) Chairman and vice chairman.--The Chief Justice of the 
    United States shall serve as Chairman of the Commission and the 
    members of the Commission shall select a vice chairman from its 
    members, unless the Chief Justice appoints a delegate to serve in 
    his stead, in which circumstance, the members of the Commission 
    shall select a chairman and vice chairman from its members.
    (b) Membership of the Advisory Committee.--
        (1) Number and appointment.--The Advisory Committee shall be 
    composed of 14 members, as follows:
            (A) The Archivist of the United States or such individual's 
        delegate.
            (B) The Secretary of the Smithsonian Institution or such 
        individual's delegate.
            (C) The Executive Director of Montpelier, the home of James 
        Madison, and the 2001 Planning Committee of Montpelier or such 
        individual's delegate.
            (D) The President of James Madison University in 
        Harrisonburg, Virginia or such individual's delegate.
            (E) The Director of the James Madison Center, James Madison 
        University in Harrisonburg, Virginia or such individual's 
        delegate.
            (F) The President of the James Madison Memorial Fellowship 
        Foundation or such individual's delegate.
            (G) Two members, who are not Members of Congress but have 
        expertise on the legal and historical significance of James 
        Madison, selected by the Majority Leader of the Senate, and 2 
        members, who are not Members of Congress but have expertise on 
        the legal and historical significance of James Madison, 
        selected by the Minority Leader of the Senate.
            (H) Two members, who are not Members of Congress but who 
        have expertise on the legal and historical significance of 
        James Madison, selected by the Speaker of the House of 
        Representatives, and 2 members, who are not Members of Congress 
        but who have expertise on the legal and historical significance 
        of James Madison, selected by the Minority Leader of the House 
        of Representatives.
        (2) Chairman and vice chairman.--The members of the Advisory 
    Committee shall select a chairman and vice chairman from its 
    members.
    (c) Terms.--Each member of the Commission shall be selected and 
each member of the Advisory Committee shall be selected not later than 
90 days after the date of enactment of this Act and shall serve for the 
life of the Commission and the Advisory Committee, respectively.
    (d) Vacancies.--A vacancy in the Commission shall be filled in the 
same manner in which the original appointment was made in subsection 
(a). A vacancy in the Advisory Committee shall be filled by the person 
holding the office named in subsection (b) or his designate.
    (e) Compensation.--
        (1) Rates of pay.--Members of the Commission and the Advisory 
    Committee shall serve without pay.
        (2) Travel expenses.--Each member of the Commission and the 
    Advisory Committee may receive travel expenses, including per diem 
    in lieu of subsistence, in accordance with sections 5702 and 5703 
    of title 5, United States Code.
    (f) Meetings.--The Commission shall meet at the call of its 
chairman or a majority of its members. The Advisory Committee shall 
meet at the call of the chairman or a majority of its members.
    (g) Approval of Actions.--All official actions of the Commission 
under this Act shall be approved by the affirmative vote of not less 
than a majority of the members. All official actions of the Advisory 
Committee under this Act shall be approved by the affirmative vote of 
not less than a majority of the members.

SEC. 6. POWERS.

    (a) Delegation of Authority.--Any member or staff person of the 
Commission may, if authorized by the Commission, take any action that 
the Commission is authorized to take by this Act.
    (b) Contract Authority.--
        (1) In general.--The Commission may procure services and 
    property, and make or enter into contracts, leases, or other legal 
    agreements, in order to carry out this Act.
        (2) Restriction.--The contracts, leases, or other legal 
    agreements made or entered into by the Commission shall not extend 
    beyond the date of termination of the Commission.
        (3) Termination.--All supplies and property acquired by the 
    Commission under this Act that remain in the possession of the 
    Commission on the date of termination of the Commission shall 
    become the property of the General Services Administration upon the 
    date of the termination.
    (c) Information.--
        (1) In general.--The Commission may secure directly from any 
    Federal agency information necessary to enable it to carry out this 
    Act. Upon request of the chairperson of the Commission, the head of 
    the Federal agency shall furnish the information to the Commission.
        (2) Exception.--Paragraph (1) shall not apply to any 
    information that the Commission is prohibited to secure or request 
    by another law.
    (d) Rules and Regulations.--The Commission may adopt such rules and 
regulations as may be necessary to conduct meetings and carry out its 
duties under this Act. The Commission may also adopt such rules for the 
Advisory Committee.
    (e) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other Federal agencies, 
and the Committee on the Judiciary of the Senate may mail items on 
behalf of the Commission.
    (f) Necessary and Proper Powers.--The Commission may exercise such 
other powers as are necessary and proper in carrying out and effecting 
the purposes of this Act.

SEC. 7. STAFFING AND SUPPORT.

    The Chairman of the Committee on the Judiciary of the Senate, the 
Chairman of the Committee on the Judiciary of the House of 
Representatives, and the Librarian of Congress shall provide the 
Commission and the Advisory Committee with such assistance, including 
staff support, facilities, and supplies at no charge, as may be 
necessary to carry out its duties.

SEC. 8. CONTRIBUTIONS.

    (a) Donations.--The Commission may accept donations of money, 
personal services, and property, both real and personal, including 
books, manuscripts, miscellaneous printed matter, memorabilia, relics, 
and other materials related to James Madison.
    (b) Use of Funds.--
        (1) In general.--Any funds donated to the Commission may be 
    used by the Commission to carry out this Act. The source and amount 
    of such funds shall be listed in the interim and final reports 
    required under section 9.
        (2) Procurement requirements.--
            (A) In general.--In addition to any procurement requirement 
        otherwise applicable to the Commission, the Commission shall 
        conduct procurements of property or services involving donated 
        funds pursuant to the small purchase procedures required by 
        section 303(g) of the Federal Property and Administrative 
        Services Act of 1949 (41 U.S.C. 253(g)). Section 15(j) of the 
        Small Business Act (15 U.S.C. 644(j)) shall not apply to such 
        procurements.
            (B) Definition.--In this paragraph, the term ``donated 
        funds'' means any funds of which 50 percent or more derive from 
        funds donated to the Commission.
    (c) Volunteer 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.
    (d) Remaining Funds.--Funds remaining upon the date of termination 
of the Commission shall be used to ensure the proper disposition of 
property donated to the Commission as specified in the final report 
required by section 9.

SEC. 9. REPORTS.

    (a) Interim Report.--Not later than February 15, 2001, the 
Commission shall prepare and submit to the President and Congress an 
interim report detailing the activities of the Commission, including an 
accounting of funds received and expended by the Commission, during the 
period beginning on the date of enactment of this Act and ending on 
December 31, 2000.
    (b) Final Report.--Not later than February 15, 2002, the Commission 
shall submit to the President and to Congress a final report 
containing--
        (1) a summary of the activities of the Commission;
        (2) a final accounting of funds received and expended by the 
    Commission;
        (3) the findings, conclusions, and recommendations of the 
    Commission;
        (4) specific recommendations concerning the final disposition 
    of historically significant items donated to the Commission under 
    section 8(a), if any; and
        (5) any additional views of any member of the Commission 
    concerning the Commission's recommendations that such member 
    requests to be included in the final report.

SEC. 10. AUDIT OF FINANCIAL TRANSACTIONS.

    (a) In General.--The Inspector General of the General Services 
Administration shall audit financial transactions of the Commission, 
including financial transactions involving donated funds, in accordance 
with generally accepted auditing standards. In conducting an audit 
pursuant to this section, the Inspector General shall have access to 
all books, accounts, financial records, reports, files, and other 
papers, items, or property in use by the Commission, as necessary to 
facilitate the audit, and shall be afforded full facilities for 
verifying transactions with the balances or securities held by 
depositories, fiscal agents, and custodians.
    (b) Audit Reports.--Not later than March 15, 2001, the Inspector 
General of the General Services Administration shall submit to the 
President and to Congress a report detailing the results of any audit 
of the financial transactions of the Commission conducted before 
January 1, 2001. Not later than March 15, 2002, such Inspector General 
shall submit to the President and to Congress a report detailing the 
results of any audit of the financial transactions of the Commission 
conducted during the period beginning on January 1, 2001, and ending on 
December 31, 2001.

SEC. 11. TERMINATION.

    The Commission and the Advisory Committee shall terminate not later 
than 60 days following submission of the final report required by 
section 9.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act 
$250,000 for fiscal year 2001.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.