S. 3137

One Hundred Sixth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Monday,

the twenty-fourth day of January, two thousand

An Act

To establish a commission to commemorate the 250th anniversary of the birth

of James Madison.

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;
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(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
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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.
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(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 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.—
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(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
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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.
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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.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.