[Congressional Record Volume 146, Number 135 (Wednesday, October 25, 2000)]
[Senate]
[Pages S11009-S11011]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               JAMES MADISON COMMEMORATION COMMISSION ACT

  Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the 
Senate now proceed to the consideration of S. 3137.

[[Page S11010]]

  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 3137) to establish a commission to commemorate 
     the 250th anniversary of the birth of James Madison.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. LEAHY. Mr. President, I am pleased that the Senate is passing S. 
3137, the James Madison Commemoration Commission Act. I was an original 
cosponsor of this legislation, which will establish a bipartisan 
commission to recognize the life and accomplishments of James Madison 
on the 250th anniversary of his birth, March 16, 2001.
  Among his many accomplishments, James Madison was the primary author 
of the U.S. Constitution, a document so brilliantly constructed that it 
has been amended only 27 times in our Nation's history. The first 10 
amendments were ratified as our Bill of Rights in 1791, over two 
centuries ago. There have been just 17 additional amendments.
  Our tribute to the Father of the Constitution comes in the same year 
that the Senate defeated no less than three ill-conceived proposals to 
amend his handiwork. I am proud that we were good stewards of the 
Constitution, and that the anniversary of Madison's birth will truly be 
a cause for celebration.
  Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the bill 
be read a second and third time and passed, the motion to reconsider be 
laid upon the table, and that any statements relating to the bill be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 3137) was read the third time and passed, as follows:

                                S. 3137

       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 

[[Page S11011]]

     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.

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