[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2133 Reported in Senate (RS)]
Calendar No. 120
107th CONGRESS
1st Session
H. R. 2133
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 28, 2001
Received; read twice and referred to the Committee on the Judiciary
August 2, 2001
Reported by Mr. Leahy, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
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 <DELETED>Chair </DELETED>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.
<DELETED>(2) </DELETED>(3) Eleven individuals appointed by
the President after receiving recommendations as follows:
<DELETED>(A) Members of the Senate from each of the
States in which the lawsuits decided by the Brown
decision were originally filed, Delaware, Kansas, South
Carolina, and Virginia, and from the State of the first
legal challenge, Massachusetts, shall jointly recommend
to the President one individual from their respective
States.
</DELETED> (B) Members of the House of
Representatives from each of the States referred to in
subparagraph (A) shall jointly recommend to the
President one individual from their respective States.
</DELETED> (A)(i) The Members of the Senate from
each State described in clause (iii) shall each submit
the name of 1 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 5 individuals, 1 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 1 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 5 individuals, 1 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.
<DELETED>(3) </DELETED>(4) Two representatives of the
judicial branch of the Federal Government appointed by the
Chief Justice of the United States Supreme Court.
<DELETED>(4) </DELETED>(5) Two representatives of the Brown
Foundation.
<DELETED>(5) </DELETED>(6) Two representatives of the NAACP
Legal Defense and Education Fund.
<DELETED>(6) </DELETED>(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 enactment of this Act. The
Commission shall subsequently meet at the call of <DELETED>the Chair
</DELETED>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.
Calendar No. 120
107th CONGRESS
1st Session
H. R. 2133
_______________________________________________________________________
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.
_______________________________________________________________________
August 2, 2001
Reported with amendments