H. R. 2133

One Hundred Seventh Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Wednesday,

the third day of January, two thousand and one

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.

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 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.

(3) Eleven individuals appointed by the President after

receiving recommendations as follows:
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(A)(i) The Members of the Senate from each State

described in clause (iii) shall each submit the name of

one 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 five individuals, one 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 one 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 recommend to the President five individuals, one 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.

(4) Two representatives of the judicial branch of the Federal

Government appointed by the Chief Justice of the United States

Supreme Court.

(5) Two representatives of the Brown Foundation.

(6) Two representatives of the NAACP Legal Defense and

Education Fund.

(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 the enactment of this

Act. The Commission shall subsequently meet at the call of 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.
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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.
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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.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.