Congressional Record, Volume 146 Issue 147 (Monday, December 4, 2000)

[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.

____________________