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 aware-
ness campaigns, through the Department of Education’s ten
regional offices; and
(2) in cooperation with the Brown Foundation for Edu-
cational 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 observ-
ances of the anniversary of the Brown decision.
SEC. 4. MEMBERSHIP.
(a) NUMBER AND APPOINTMENT.—The Commission shall be com-
posed 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 con-
sultation with the minority leader of the House of Rep-
resentatives, shall recommend to the President five individ-
uals, 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 accord-
ance 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.
H. R. 2133—3
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 Founda-
tion 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 con-
sent 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 depart-
ments 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 legisla-
tion 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.
H. R. 2133—4
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.