PUBLIC LAW 107–202—JULY 24, 2002 116 STAT. 739

Public Law 107–202

107th Congress

An Act

To establish the Benjamin Franklin Tercentenary Commission.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be referred to as the ‘‘Benjamin Franklin Tercentenary Commission Act’’.

SEC. 2. 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. 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. 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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Benjamin

Franklin

Tercentenary

Commission Act.

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prec. 101.

July 24, 2002

[H.R. 2362]

116 STAT. 740 PUBLIC LAW 107–202—JULY 24, 2002

(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. MEMBERSHIP.

(a) NUMBER AND APPOINTMENT.—The Commission shall be composed of 15 members as follows:

(1) The Librarian of Congress.

(2) 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.

President.

Congress.

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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. ORGANIZATION.

(a) 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) 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) 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. 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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Contracts.

Establishment.

President.

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116 STAT. 742 PUBLIC LAW 107–202—JULY 24, 2002

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. 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. REPORTS.

(a) INTERIM REPORTS.—The Commission shall submit to the

Congress such interim reports as the Commission considers to

be appropriate.

(b) 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. TERMINATION.

The Commission shall terminate 120 days after submitting

its final report pursuant to section 9(b).

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Deadline.

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PUBLIC LAW 107–202—JULY 24, 2002 116 STAT. 743

LEGISLATIVE HISTORY—H.R. 2362:

CONGRESSIONAL RECORD:

Vol. 147 (2001): Oct. 30, considered and passed House.

Vol. 148 (2002): July 9, considered and passed Senate.

Æ

SEC. 11. 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.

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prec. 101.