[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 3137 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                S. 3137

_______________________________________________________________________

                                 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.

            Passed the Senate October 25 (legislative day, September 
      22), 2000.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                                S. 3137

_______________________________________________________________________

                                 AN ACT

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