[Congressional Record Volume 146, Number 147 (Monday, December 4, 2000)]
[House]
[Pages H11931-H11933]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               JAMES MADISON COMMEMORATION COMMISSION ACT

  Mrs. BIGGERT. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 3137) to establish a commission to commemorate the 
250th anniversary of the birth of James Madison.
  The Clerk read 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 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

[[Page H11932]]

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Illinois (Mrs. Biggert) and the gentleman from Maryland (Mr. Cummings) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from Illinois (Mrs. Biggert).


                             General Leave

  Mrs. BIGGERT. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks on S. 3137.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Illinois?
  There was no objection.
  Mrs. BIGGERT. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I am pleased to offer for consideration by the House S. 
3137, the James Madison Commemoration Commission Act, introduced by 
Senator Jeff Sessions of Alabama. S. 3137, which was passed unanimously 
by the Senate on October 25, 2000, establishes a commission to 
commemorate the 250th anniversary of the birth of James Madison, which 
falls on March 16, 2001.
  Born in 1751, James Madison was raised in Orange County, Virginia. He 
later attended Princeton University, then called the College of New 
Jersey, where he was a student of history and government.
  Drawing from his studies, Madison served as a delegate to the 
Continental Congress and to the Annapolis Convention of 1786. More 
important, he was a fervent supporter of the bill of rights and an 
instrumental force in creating the United States Constitution, which is 
why he is often referred to as the Father of the Constitution.
  James Madison also served as a representative in Congress from 1789 
to 1797; the United States Secretary of State under President Thomas 
Jefferson from 1801 to 1809; and President of the United States from 
1809 to 1817.
  As President, James Madison led our young Nation in a war against 
Great Britain. While considered by many to

[[Page H11933]]

 be a draw, the war did serve to draw a diverse country closer together 
and to demonstrate to the world the strong resolve and will of the 
American people.
  Mr. Speaker, in addition to advancing the interests of a growing 
Nation, Madison's written works have had a lasting impact. Historians 
acknowledge that among the most distinguished of American state papers 
are James Madison's notes on the Federal Convention and his 
contributions to The Federalist Papers, many of which are now housed at 
the University of Virginia.
  Mr. Speaker, in order to honor this great American hero on the 250th 
anniversary of his birth, S. 3137 establishes a commission that will be 
charged with planning and coordinating activities to celebrate the life 
of James Madison.
  This is the least we can do to recognize a man whose devotion to 
liberty made a lasting contribution to our system of government and to 
freedom-loving people around the world.
  Mr. Speaker, like the bill to create the Abraham Lincoln Commission 
before it, I am proud to offer this legislation to my colleagues for 
consideration. Mr. Speaker, I urge my colleagues' support.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, two resolutions previously passed by the House 
commemorated the life and achievements of James Madison, one of our 
Nation's Founding Fathers.
  The act before us today, S. 3137, provides for a bipartisan and 
balanced selection of individuals to a commission that will direct the 
Government Printing Office to compile and publish a book containing 
important writings of James Madison.
  In addition, S. 3137 establishes an advisory committee to work with 
the commission to identify writings to include in a book on James 
Madison.
  The advisory committee is also tasked with compiling a list of events 
celebrating the birth and life of James Madison. The commission will 
consider the list in recognizing such events as official commission 
events.
  In 1776, Madison was a member of the Virginia Constitutional 
Committee, the body that drafted Virginia's first constitution and a 
bill of rights which later would welcome a model for the Bill of Rights 
amending the United States Constitution.
  When Madison was elected to the United States House of 
Representatives, he became the primary author of the first 12 proposed 
amendments to the Constitution. Ten of these, the Bill of Rights, were 
adopted.
  At the Constitutional Convention, which opened on May 25th, 1787, 
Madison set the tone by introducing a document he authored, called The 
Virginia Plan. The plan called for strong central government consisting 
of a supreme legislature, executive and judiciary. It provided for a 
national legislature consisting of two houses: one elected by the 
people, and the other appointed by the first from a body of nominees 
submitted by State legislatures.
  Representation in these bodies would be based on the population of 
States. It provided for an executive to be elected by the national 
legislature. The plan also defined a national judiciary and a Council 
of Revision charged with reviewing the constitutionality of 
legislation.
  Mr. Speaker, I would urge all of our colleagues to vote in favor of 
this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. BIGGERT. Mr. Speaker, I have no further speakers, and I reserve 
the balance of my time.
  Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, as the driving force in the formation of the 
Constitution, James Madison organized the Convention, set the agenda, 
and worked through obstacles that threatened the process. The notes he 
took throughout the Convention constitute this country's best and most 
complete record of the 1787 Constitutional Convention. Madison's notes, 
which comprised a third of the Federalist papers, were published in the 
1830s. Accordingly, I urge the approval of this bill.
  Mr. Speaker, I yield back the balance of my time.
  Mrs. BIGGERT. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, as we have touched upon this afternoon, James Madison 
was a man who strongly embodied and advanced the principles that our 
government represents: economic freedom, limited government, the rule 
of law, individual liberty, and personal responsibility.
  James Madison also was a man who believed in the greatness of the 
United States and hoped to see it always remain as a whole. In a note 
that was opened after his death in 1836, Madison wrote that, I quote, 
``the advice nearest to my heart and deepest in my convictions is that 
the union of the States be cherished and perpetuated.''
  At a time when we face unprecedented challenges to our electoral 
challenge, James Madison's words are something we should all heed.
  Before I close, let me thank Senator Sessions for introducing this 
fine bill. Let me also thank the gentleman from Maryland (Mr. Cummings) 
for his thoughts and the gentleman from Illinois (Mr. Burton), chairman 
of the Committee on Government Reform, and the gentleman from 
California (Mr. Waxman) for allowing this bill to move forward.
  Mr. Speaker, let me also thank the gentleman from Florida (Mr. 
Scarborough), chairman of the Subcommittee on Civil Service.
  Mr. Speaker, I encourage all Members to support this bill.
  Mr. PAUL. Mr. Speaker, I rise in opposition to the James Madison 
Commemoration Commission Act secure in the belief that were James 
Madison on the floor today, he would share my opposition to this bill. 
Congress has no constitutional authority to use taxpayer funds to 
promote the life and thought of any individual. Congressional actions 
exceeding the limitations on congressional power contained in Article 
1, Section 8 of the Constitution undermine the very principles of 
limited government to which James Madison devoted his life. In fact, 
few have been as eloquent in pointing out how liberty is threatened 
when Congress exceeds its enumerated powers:

       If Congress can do whatever in their discretion can be done 
     by money, and will promote the General Welfare, the 
     Government is no longer a limited one, possessing enumerated 
     powers, but an indefinite one, subject to particular 
     exceptions.--Letter to Edmund Pendleton, January 21, 1792 
     (Madison, 1865, I, page 546)

  Of course, Mr. Speaker, I wholeheartedly endorse the goals of 
promoting public awareness and appreciation of, the life and thought of 
James Madison. In fact, through my work with various educational 
organizations, I have probably done as much as any member to promote 
the thought of James Madison and the other Founding Fathers. James 
Madison's writings provide an excellent guide to the principles 
underlying the true nature of the American government. In addition, 
Madison's writings address many issues of concern to friends of limited 
government today, such as the need for each branch of government to 
respect the Separation of Powers, the threat posed to individual 
liberty by an interventionist foreign policy, and the differences 
between a Republic and a pure Democracy.
  However, the continuing growth of the federal government and 
Congress' refusal to abide by its constitutional limits suggest that 
the people most in need of familiarization with the thought of James 
Madison are those who would support this bill.
  Mr. Speaker, S. 3137 exceeds the constitutional limits on 
Congressional power, and thus violates the principles of limited 
government upon which our constitutional system was based. Therefore, I 
urge my colleagues to pay appropriate tribute to James Madison by 
rejecting this unconstitutional bill.
  Mrs. BIGGERT. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Illinois (Mrs. Biggert) that the House suspend the 
rules and pass the Senate bill, S. 3137.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mrs. BIGGERT. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.




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