[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2133 Enrolled Bill (ENR)]

        H.R.2133

                      One Hundred Seventh Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
             the third day of January, two thousand and one


                                 An Act


 
 To establish a commission for the purpose of encouraging and providing 
   for the commemoration of the 50th anniversary of the Supreme Court 
                decision in Brown v. Board of Education.

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

SECTION 1. FINDINGS.

    The Congress finds that as the Nation approaches May 17, 2004, 
marking the 50th anniversary of the Supreme Court decision in Oliver L. 
Brown et al. v. Board of Education of Topeka, Kansas et al., it is 
appropriate to establish a national commission to plan and coordinate 
the commemoration of that anniversary.

SEC. 2. ESTABLISHMENT.

    There is established a commission to be known as the ``Brown v. 
Board of Education 50th Anniversary Commission'' (referred to in this 
Act as the ``Commission'').

SEC. 3. DUTIES.

    In order to commemorate the 50th anniversary of the Brown decision, 
the Commission shall--
        (1) in conjunction with the Department of Education, plan and 
    coordinate public education activities and initiatives, including 
    public lectures, writing contests, and public awareness campaigns, 
    through the Department of Education's ten regional offices; and
        (2) in cooperation with the Brown Foundation for Educational 
    Equity, Excellence, and Research in Topeka, Kansas (referred to in 
    this Act as the ``Brown Foundation''), and such other public or 
    private entities as the Commission considers appropriate, 
    encourage, plan, develop, and coordinate observances of the 
    anniversary of the Brown decision.

SEC. 4. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed as 
follows:
        (1) Two representatives of the Department of Education 
    appointed by the Secretary of Education, one of whom shall serve as 
    one of two Co-chairpersons of the Commission.
        (2) Two representatives of the Department of Justice appointed 
    by the Attorney General, one of whom shall serve as one of two Co-
    chairpersons of the Commission.
        (3) Eleven individuals appointed by the President after 
    receiving recommendations as follows:
            (A)(i) The Members of the Senate from each State described 
        in clause (iii) shall each submit the name of one individual 
        from the State to the majority leader and minority leader of 
        the Senate.
            (ii) After review of the submissions made under clause (i), 
        the majority leader of the Senate, in consultation with the 
        minority leader of the Senate, shall recommend to the President 
        five individuals, one from each of the States described in 
        clause (iii).
            (iii) The States described in this clause are the States in 
        which the lawsuits decided by the Brown decision were 
        originally filed (Delaware, Kansas, South Carolina, and 
        Virginia), and the State of the first legal challenge involved 
        (Massachusetts).
            (B)(i) The Members of the House of Representatives from 
        each State described in subparagraph (A)(iii) shall each submit 
        the name of one individual from the State to the Speaker of the 
        House of Representatives and the minority leader of the House 
        of Representatives.
            (ii) After review of the submissions made under clause (i), 
        the Speaker of the House of Representatives, in consultation 
        with the minority leader of the House of Representatives, shall 
        recommend to the President five individuals, one from each of 
        the States described in subparagraph (A)(iii).
            (C) The Delegate to the House of Representatives from the 
        District of Columbia shall recommend to the President one 
        individual from the District of Columbia.
        (4) Two representatives of the judicial branch of the Federal 
    Government appointed by the Chief Justice of the United States 
    Supreme Court.
        (5) Two representatives of the Brown Foundation.
        (6) Two representatives of the NAACP Legal Defense and 
    Education Fund.
        (7) One representative of the Brown v. Board of Education 
    National Historic Site.
    (b) Terms.--Members of the Commission shall be appointed for the 
life of the Commission.
    (c) Vacancies.--A vacancy in the Commission shall be filled in the 
same manner as the original appointment.
    (d) Compensation.--
        (1) In general.--Members of the Commission shall serve without 
    pay.
        (2) Travel expenses.--Each member shall receive travel 
    expenses, including per diem in lieu of subsistence, in accordance 
    with applicable provisions under subchapter I of chapter 57 of 
    title 5, United States Code.
    (e) Quorum.--A majority of members of the Commission shall 
constitute a quorum.
    (f) Meetings.--The Commission shall hold its first meeting not 
later than 6 months after the date of the enactment of this Act. The 
Commission shall subsequently meet at the call of a Co-chairperson or a 
majority of its members.
    (g) Executive Director and Staff.--The Commission may secure the 
services of an executive director and staff personnel as it considers 
appropriate.

SEC. 5. POWERS.

    (a) Powers of Members and Agents.--Any member or agent of the 
Commission may, if so authorized by the Commission, take any action 
which the Commission is authorized to take under this Act.
    (b) Gifts and Donations.--
        (1) Authority to accept.--The Commission may accept and use 
    gifts or donations of money, property, or personal services.
        (2) Disposition of property.--Any books, manuscripts, 
    miscellaneous printed matter, memorabilia, relics, or other 
    materials donated to the Commission which relate to the Brown 
    decision, shall, upon termination of the Commission--
            (A) be deposited for preservation in the Brown Foundation 
        Collection at the Spencer Research Library at the University of 
        Kansas in Lawrence, Kansas; or
            (B) be disposed of by the Commission in consultation with 
        the Librarian of Congress, and with the express consent of the 
        Brown Foundation and the Brown v. Board of Education National 
        Historic Site.
    (c) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other departments and 
agencies of the United States.

SEC. 6. REPORTS.

    (a) Interim Reports.--The Commission shall transmit interim reports 
to the President and the Congress not later than December 31 of each 
year. Each such report shall include a description of the activities of 
the Commission during the year covered by the report, an accounting of 
any funds received or expended by the Commission during such year, and 
recommendations for any legislation or administrative action which the 
Commission considers appropriate.
    (b) Final Report.--The Commission shall transmit a final report to 
the President and the Congress not later than December 31, 2004. Such 
report shall include an accounting of any funds received or expended, 
and the disposition of any other properties, not previously reported.

SEC. 7. TERMINATION.

    (a) Date.--The Commission shall terminate on such date as the 
Commission may determine, but not later than February 1, 2005.
    (b) Disposition of Funds.--Any funds held by the Commission on the 
date the Commission terminates shall be deposited in the general fund 
of the Treasury.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $250,000 for the period 
encompassing fiscal years 2003 and 2004 to carry out this Act, to 
remain available until expended.

                               Speaker of the House of Representatives.

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