107TH CONGRESS

1ST SESSION S. 1046

AN ACT

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. FINDINGS.

2 Congress finds that as the Nation approaches May

3 17, 2004, marking the 50th anniversary of the Supreme

4 Court decision in Oliver L. Brown et al. v. Board of Edu5 cation of Topeka, Kansas et al., it is appropriate to estab6 lish a national commission to plan and coordinate the com7 memoration of that anniversary.

8 SEC. 2. ESTABLISHMENT.

9 There is established a commission to be known as the

10 ‘‘Brown v. Board of Education 50th Anniversary Commis11 sion’’ (referred to in this Act as the ‘‘Commission’’).

12 SEC. 3. DUTIES.

13 In order to commemorate the 50th anniversary of the

14 Brown decision, the Commission shall—

15 (1) in conjunction with the Department of Edu16 cation, plan and coordinate public education activi17 ties and initiatives, including public lectures, writing

18 contests, and public awareness campaigns, through

19 the Department of Education’s ten regional offices;

20 (2) in cooperation with the Brown Foundation

21 for Educational Equity, Excellence, and Research in

22 Topeka, Kansas, (referred to in this Act as the

23 ‘‘Brown Foundation’’) and such other public or pri24 vate entities as the Commission considers appro25 priate, encourage, plan, develop, and coordinate ob-
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1 servances of the anniversary of the Brown decision;

2 and

3 (3) submit recommendations to the Congress

4 relating to a joint session of Congress for the pur5 pose of commemorating the anniversary.

6 SEC. 4. MEMBERSHIP.

7 (a) NUMBER AND APPOINTMENT.—The Commission

8 shall be composed as follows:

9 (1) Two representatives of the Department of

10 Education appointed by the Secretary of Education,

11 one of whom shall serve as one of two Co-chair12 persons of the Commission.

13 (2) Two representatives of the Department of

14 Justice appointed by the Attorney General, one of

15 whom shall serve as one of two Co-chairpersons of

16 the Commission.

17 (3) Eleven individuals appointed by the Presi18 dent after receiving recommendations as follows:

19 (A)(i) The Members of the Senate from

20 each State described in clause (iii) shall each

21 submit the name of 1 individual from the State

22 to the majority leader and minority leader of

23 the Senate.

24 (ii) After review of the submissions made

25 under clause (i), the majority leader of the Sen-
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1 ate, in consultation with the minority leader of

2 the Senate, shall recommend to the President 5

3 individuals, 1 from each of the States described

4 in clause (iii).

5 (iii) The States described in this clause are

6 the States in which the lawsuits decided by the

7 Brown decision were originally filed (Delaware,

8 Kansas, South Carolina, and Virginia), and the

9 State of the first legal challenge involved (Mas10 sachusetts).

11 (B)(i) The Members of the House of Rep12 resentatives from each State described in sub13 paragraph (A)(iii) shall each submit the name

14 of 1 individual from the State to the Speaker

15 of the House of Representatives and the minor16 ity leader of the House of Representatives.

17 (ii) After review of the submissions made

18 under clause (i), the Speaker of the House of

19 Representatives, in consultation with the minor20 ity leader of the House of Representatives, shall

21 recommend to the President 5 individuals, 1

22 from each of the States described in subpara23 graph (A)(iii).

24 (C) The Delegate to the House of Rep25 resentatives from the District of Columbia shall
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1 recommend to the President one individual

2 from the District of Columbia.

3 (4) Two representatives of the judicial branch

4 of the Federal Government appointed by the Chief

5 Justice of the United States Supreme Court.

6 (5) Two representatives of the Brown Founda7 tion.

8 (6) Two representatives of the NAACP Legal

9 Defense and Education Fund.

10 (7) One representative of the Brown v. Board

11 of Education National Historic Site.

12 (b) TERMS.—Members of the Commission shall be

13 appointed for the life of the Commission.

14 (c) VACANCIES.—A vacancy in the Commission shall

15 be filled in the same manner as the original appointment.

16 (d) COMPENSATION.—

17 (1) IN GENERAL.— Members of the Commis18 sion shall serve without pay.

19 (2) TRAVEL EXPENSES.—Each member shall

20 receive travel expenses, including per diem in lieu of

21 subsistence, in accordance with applicable provisions

22 under subchapter I of chapter 57 of title 5, United

23 States Code.

24 (e) QUORUM.—A majority of members of the Com25 mission shall constitute a quorum.
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1 (f) MEETINGS.—The Commission shall hold its first

2 meeting not later than 6 months after the date of enact3 ment of this Act. The Commission shall subsequently meet

4 at the call of a Co-chairperson or a majority of its mem5 bers.

6 (g) EXECUTIVE DIRECTOR AND STAFF.— The Com7 mission may secure the services of an executive director

8 and staff personnel as it considers appropriate.

9 SEC. 5. POWERS.

10 (a) POWERS OF MEMBERS AND AGENTS.—Any mem11 ber or agent of the Commission may, if so authorized by

12 the Commission, take any action which the Commission

13 is authorized to take under this Act.

14 (b) GIFTS AND DONATIONS.—

15 (1) AUTHORITY TO ACCEPT.—The Commission

16 may accept and use gifts or donations of money,

17 property, or personal services.

18 (2) DISPOSITION OF PROPERTY.—Any books,

19 manuscripts, miscellaneous printed matter, memora20 bilia, relics, or other materials donated to the Com21 mission which relate to the Brown decision, shall,

22 upon termination of the Commission—

23 (A) be deposited for preservation in the

24 Brown Foundation Collection at the Spencer
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1 Research Library at the University of Kansas

2 in Lawrence, Kansas; or

3 (B) be disposed of by the Commission in

4 consultation with the Librarian of Congress,

5 and with the express consent of the Brown

6 Foundation and the Brown v. Board of Edu7 cation National Historic Site.

8 (c) MAILS.—The Commission may use the United

9 States mails in the same manner and under the same con10 ditions as other departments and agencies of the United

11 States.

12 SEC. 6. REPORTS.

13 (a) INTERIM REPORTS.—The Commission shall

14 transmit interim reports to the President and Congress

15 not later than December 31 of each year. Each such re16 port shall include a description of the activities of the

17 Commission during the year covered by the report, an ac18 counting of any funds received or expended by the Com19 mission during such year, and recommendations for any

20 legislation or administrative action which the Commission

21 considers appropriate.

22 (b) FINAL REPORT.—The Commission shall transmit

23 a final report to the President and Congress not later than

24 December 31, 2004. Such report shall include an account-
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1 ing of any funds received or expended, and the disposition

2 of any other properties, not previously reported.

3 SEC. 7. TERMINATION.

4 (a) DATE.—The Commission shall terminate on such

5 date as the Commission may determine, but not later than

6 February 1, 2005.

7 (b) DISPOSITION OF FUNDS.—Any funds held by the

8 Commission on the date the Commission terminates shall

9 be deposited in the general fund of the Treasury.

10 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

11 There are authorized to be appropriated at total of

12 $300,000 for fiscal years 2003 and 2004 to carry out this

13 Act, to remain available until expended.

Passed the Senate August 3, 2001.

Attest:

Secretary.
107TH CONGRESS

1ST SESSION S. 1046

AN ACT

To establish a commission for the purpose of encouraging and providing for the commemoration

of the 50th anniversary of the Supreme Courtdecision in Brown v. Board of Education.