[Congressional Record Volume 147, Number 112 (Friday, August 3, 2001)]
[Senate]
[Pages S9004-S9005]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  ESTABLISHING A COMMISSION FOR COMMEMORATION OF 50TH ANNIVERSARY OF 
         SUPREME COURT DECISION IN BROWN V. BOARD OF EDUCATION

  Mr. REID. Mr. President, I ask unanimous consent the Senate proceed 
to the immediate consideration of Calendar No. 120, H.R. 2133.
  The PRESIDENT pro tempore. The clerk will read the title of the bill.
  The legislative clerk read as follows:

       A bill (H.R. 2133) 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.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported by the Committee on the Judiciary with 
amendments, as follows:
  [Omit the parts in black brackets and insert the part printed in 
italic.]

                               H.R. 2133

       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 [Chair] 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.
       [(2)] (3) Eleven individuals appointed by the President 
     after receiving recommendations as follows:
       [(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.
       [(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.]
       (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

[[Page S9005]]

     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.
       [(3)] (4) Two representatives of the judicial branch of the 
     Federal Government appointed by the Chief Justice of the 
     United States Supreme Court.
       [(4)] (5) Two representatives of the Brown Foundation.
       [(5)] (6) Two representatives of the NAACP Legal Defense 
     and Education Fund.
       [(6)] (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 
     [the Chair] 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.

  Mr. REID. Mr. President, I ask unanimous consent that the committee 
amendments be agreed to, the bill, as amended, be read the third time 
and passed, the motion to reconsider be laid upon the table, and any 
statements relating to the bill be printed in the Record.
  The PRESIDENT pro tempore. Without objection, the several requests 
are agreed to.
  The committee amendments were agreed to.
  The bill (H.R. 2133), as amended, was read the third time and passed.

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