II
Calendar No. 120
107TH CONGRESS
1ST SESSION
H. R. 2133
IN THE SENATE OF THE UNITED STATES
JUNE 28, 2001
Received; read twice and referred to the Committee on the Judiciary
AUGUST 2, 2001
Reported by Mr. LEAHY, with amendments
[Omit the part struck through and insert the part printed in italic]
AN ACT
To establish a commission for the purpose of encouraging
and providing for the commemoration of the 50th anni-
versary of the Supreme Court decision in Brown v.
Board of Education.
Be it enacted by the Senate and House of Representa-
tives 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 Su-
preme Court decision in Oliver L. Brown et al. v. Board
of Education of Topeka, Kansas et al., it is appropriate
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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 Commis-
sion’’ (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 Edu-
cation, plan and coordinate public education activi-
ties 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 pri-
vate entities as the Commission considers appro-
priate, encourage, plan, develop, and coordinate ob-
servances of the anniversary of the Brown decision.
SEC. 4. MEMBERSHIP.
(a) NUMBER AND APPOINTMENT.—The Commission
shall be composed as follows:
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(1) Two representatives of the Department of
Education appointed by the Secretary of Education,
one of whom shall serve as Chair 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.
(2) (3) Eleven individuals appointed by the
President after receiving recommendations as fol-
lows:
(A) Members of the Senate from each of
the States in which the lawsuits decided by the
Brown decision were originally filed, Delaware,
Kansas, South Carolina, and Virginia, and from
the State of the first legal challenge, Massachu-
setts, shall jointly recommend to the President
one individual from their respective States.
(B) Members of the House of Representa-
tives from each of the States referred to in sub-
paragraph (A) shall jointly recommend to the
President one individual from their respective
States.
(A)(i) The Members of the Senate from each
State described in clause (iii) shall each submit
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the name of 1 individual from the State to the
majority leader and minority leader of the Sen-
ate.
(ii) After review of the submissions made
under clause (i), the majority leader of the Sen-
ate, in consultation with the minority leader of
the Senate, shall recommend to the President 5
individuals, 1 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 (Massa-
chusetts).
(B)(i) The Members of the House of Rep-
resentatives from each State described in sub-
paragraph (A)(iii) shall each submit the name of
1 individual from the State to the Speaker of the
House of Representatives and the minority lead-
er 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 minor-
ity leader of the House of Representatives, shall
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recommend to the President 5 individuals, 1
from each of the States described in subpara-
graph (A)(iii).
(C) The Delegate to the House of Rep-
resentatives from the District of Columbia shall
recommend to the President one individual
from the District of Columbia.
(3) (4) Two representatives of the judicial
branch of the Federal Government appointed by the
Chief Justice of the United States Supreme Court.
(4) (5) Two representatives of the Brown Foun-
dation.
(5) (6) Two representatives of the NAACP
Legal Defense and Education Fund.
(6) (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
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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 Com-
mission shall constitute a quorum.
(f) MEETINGS.—The Commission shall hold its first
meeting not later than 6 months after the date of enact-
ment of this Act. The Commission shall subsequently meet
at the call of the Chair a Co-chairperson or a majority
of its members.
(g) EXECUTIVE DIRECTOR AND STAFF.— The Com-
mission may secure the services of an executive director
and staff personnel as it considers appropriate.
SEC. 5. POWERS.
(a) POWERS OF MEMBERS AND AGENTS.—Any mem-
ber 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, memora-
bilia, relics, or other materials donated to the Com-
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mission 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 Edu-
cation National Historic Site.
(c) MAILS.—The Commission may use the United
States mails in the same manner and under the same con-
ditions 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 Con-
gress 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 ac-
counting of any funds received or expended by the Com-
mission during such year, and recommendations for any
legislation or administrative action which the Commission
considers appropriate.
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(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 ac-
counting of any funds received or expended, and the dis-
position 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.
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.
Calendar No. 120
107TH CONGRESS
1ST SESSION
H. R. 2133
AN ACT
To establish a commission for the purpose of en-
couraging and providing for the commemoration
of the 50th anniversary of the Supreme Court
decision in Brown v. Board of Education.
AUGUST 2, 2001
Reported with amendments