[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