[107th Congress Public Law 202]
[From the U.S. Government Printing Office]
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[DOCID: f:publ202.107]
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Public Law 107-202
107th Congress
An Act
To establish the Benjamin Franklin Tercentenary Commission. <<NOTE: July
24, 2002 - [H.R. 2362]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Benjamin Franklin
Tercentenary Commission Act. 36 USC note prec. 101.>> assembled,
SECTION 1. SHORT TITLE.
This Act may be referred to as the ``Benjamin Franklin Tercentenary
Commission Act''.
SEC. 2. <<NOTE: 36 USC note prec. 101.>> FINDINGS.
The Congress finds as follows:
(1) Benjamin Franklin was one of the most extraordinary men
of the generation that founded the United States. Around the
world, he remains one of the best-known Americans who has ever
lived.
(2) Benjamin Franklin's achievements include his literary
work, his creation of philanthropic and educational
institutions, his significant scientific explorations, and his
service to the Nation as a statesman and diplomat.
(3) Benjamin Franklin was the only American to sign all 5
enabling documents of the United States.
(4) All people in the United States could benefit from
studying the life of Benjamin Franklin and gaining a deeper
appreciation of his legacy to the Nation.
(5) January 17, 2006, is the 300th anniversary of the birth
of Benjamin Franklin, and a commission should be established to
study and recommend to the Congress activities that are fitting
and proper to celebrate that anniversary in a manner that
appropriately honors Benjamin Franklin.
SEC. 3. <<NOTE: 36 USC note prec. 101.>> ESTABLISHMENT.
There is established a commission to be known as the Benjamin
Franklin Tercentenary Commission (referred to in this Act as the
``Commission'').
SEC. 4. <<NOTE: 36 USC note prec. 101.>> DUTIES.
(a) Study.--The Commission shall have the following duties:
(1) To study activities by the Government that would be
fitting and proper to honor Benjamin Franklin on the occasion of
the tercentenary of his birth, including but not limited to the
following:
(A) The minting of a Benjamin Franklin tercentenary
coin.
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(B) The rededication of the Benjamin Franklin
National Memorial at the Franklin Institute in
Philadelphia, Pennsylvania, or other activities with
respect to that memorial.
(C) The acquisition and preservation of artifacts
associated with Benjamin Franklin.
(D) The sponsorship of publications, including
catalogs and scholarly work, concerning Benjamin
Franklin.
(E) The sponsorship of conferences, exhibitions, or
other public meetings concerning Benjamin Franklin.
(F) The sponsorship of high school and collegiate
essay contests concerning the life and legacy of
Benjamin Franklin.
(2) To recommend to the Congress in one or more of the
interim reports submitted under section 9(a)--
(A) the activities that the Commission considers
most fitting and proper to honor Benjamin Franklin on
the occasion of the tercentenary of his birth; and
(B) the entity or entities in the Federal Government
that the Commission considers most appropriate to carry
out such activities.
(b) Point of Contact.--The Commission, acting through its
secretariat, shall serve as the point of contact of the Government for
all State, local, international, and private sector initiatives
regarding the tercentenary of Benjamin Franklin's birth, with the
purpose of coordinating and facilitating all fitting and proper
activities honoring Benjamin Franklin.
SEC. 5. <<NOTE: 36 USC note prec. 101.>> MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 15
members as follows:
(1) The Librarian of Congress.
(2) <<NOTE: President. Congress.>> Fourteen qualified
citizens, appointed as follows:
(A) Two members appointed by the President.
(B) Two members appointed by the President on the
recommendation of the Governor of the Commonwealth of
Pennsylvania.
(C) Two members appointed by the President on the
recommendation of the Governor of the Commonwealth of
Massachusetts.
(D) Two members, at least one of whom shall be a
Senator, appointed by the majority leader of the Senate.
(E) Two members, at least one of whom shall be a
Senator, appointed by the minority leader of the Senate.
(F) Two members, at least one of whom shall be a
Member of the House of Representatives, appointed by the
Speaker of the House of Representatives.
(G) Two members, at least one of whom shall be a
Member of the House of Representatives, appointed by the
minority leader of the House of Representatives.
(b) Qualified Citizen.--For purposes of this section, a qualified
citizen is a citizen of the United States with--
(1) a substantial knowledge and appreciation of the work and
legacy of Benjamin Franklin; and
(2) a commitment to educating people in the United States
about the historical importance of Benjamin Franklin.
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(c) Time of Appointment.--Each initial appointment of a member of
the Commission shall be made before the expiration of the 120-day period
beginning on the date of the enactment of this Act.
(d) Continuation of Membership.--If a member of the Commission was
appointed to the Commission as a Member of the Congress, and ceases to
be a Member of the Congress, that member may continue to serve on the
Commission for not longer than the 30-day period beginning on the date
on which that member ceases to be a Member of the Congress.
(e) Terms.--Each member shall be appointed for the life of the
Commission.
(f) Vacancies.--A vacancy in the Commission shall not affect the
powers of the Commission and shall be filled in the manner in which the
original appointment was made.
(g) Basic Pay.--Members shall serve on the Commission without pay.
(h) 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.
(i) Quorum.--Five members of the Commission shall constitute a
quorum, but a lesser number may hold hearings.
(j) Chair.--The Commission shall select a Chair from among the
members of the Commission.
(k) Meetings.--The Commission shall meet at the call of the Chair.
SEC. 6. <<NOTE: 36 USC note prec. 101.>> ORGANIZATION.
(a) <<NOTE: President.>> Honorary Members.--The President--
(1) shall serve as an honorary, nonvoting member of the
Commission; and
(2) may invite the President of France and the Prime
Minister of the United Kingdom to serve as honorary, nonvoting
members of the Commission.
(b) <<NOTE: Establishment.>> Advisory Committee.--The Commission
shall form an advisory committee, to be composed of representatives of
the major extant institutions founded by or dedicated to Benjamin
Franklin, including the following:
(1) The Executive Director of the American Philosophical
Society.
(2) The President of the Franklin Institute.
(3) The Librarian of the Library Company.
(4) The Director and Chief Executive Officer of the
Philadelphia Museum of Art.
(5) The President of the University of Pennsylvania.
(c) <<NOTE: Contracts.>> Administrative Secretariat.--The Commission
shall seek to enter into an arrangement with the Franklin Institute of
Philadelphia, Pennsylvania, under which the Institute shall do the
following:
(1) Serve as the secretariat of the Commission, including by
serving as the point of contact under section 4(b).
(2) House the administrative offices of the Commission.
SEC. 7. <<NOTE: 36 USC note prec. 101.>> POWERS.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold such hearings, sit and act
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at such times and places, take such testimony, and receive such evidence
as the Commission considers appropriate.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action that
the Commission is authorized to take by this Act.
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information necessary
to enable the Commission to carry out this Act. Upon request of the
Chair of the Commission, the head of that department or agency shall
furnish that information to the Commission.
(d) 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.
(e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support services
necessary for the Commission to carry out its responsibilities under
this Act.
(f) Procurement.--The Commission may enter into contracts for
supplies, services, and facilities to carry out the Commission's duties
under this Act.
(g) Donations.--The Commission may accept and use donations of--
(1) money;
(2) personal services; and
(3) real or personal property related to Benjamin Franklin
or the occasion of the tercentenary of his birth.
SEC. 8. <<NOTE: 36 USC note prec. 101.>> DIRECTOR AND STAFF.
(a) Appointment.--The Commission may appoint a Director and such
additional personnel as the Commission considers to be appropriate.
(b) Applicability of Certain Civil Service Laws.--The Director and
staff of the Commission may be appointed without regard to the
provisions of title 5, United States Code, governing appointments in the
competitive service, and may be paid without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates.
SEC. 9. <<NOTE: 36 USC note prec. 101.>> REPORTS.
(a) Interim Reports.--The Commission shall submit to the Congress
such interim reports as the Commission considers to be appropriate.
(b) <<NOTE: Deadline.>> Final Report.--The Commission shall submit a
final report to the Congress not later than January 16, 2007. The final
report shall contain--
(1) a detailed statement of the activities of the
Commission; and
(2) any other information that the Commission considers to
be appropriate.
SEC. 10. <<NOTE: 36 USC note prec. 101.>> TERMINATION.
The Commission shall terminate 120 days after submitting its final
report pursuant to section 9(b).
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SEC. 11. <<NOTE: 36 USC note prec. 101.>> AUTHORIZATION OF
APPROPRIATIONS.
There are authorized to be appropriated $500,000 for the period of
fiscal years 2002 through 2007 to carry out this Act, to remain
available until expended.
Approved July 24, 2002.
LEGISLATIVE HISTORY--H.R. 2362:
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CONGRESSIONAL RECORD:
Vol. 147 (2001):
Oct. 30, considered and passed
House.
Vol. 148 (2002):
July 9, considered and passed
Senate.
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