H. R. 2362
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
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 Ter-
centenary 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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(B) The rededication of the Benjamin Franklin
National Memorial at the Franklin Institute in Philadel-
phia, Pennsylvania, or other activities with respect to that
memorial.
(C) The acquisition and preservation of artifacts associ-
ated 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 occa-
sion 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 activi-
ties honoring Benjamin Franklin.
SEC. 5. MEMBERSHIP.
(a) NUMBER AND APPOINTMENT.—The Commission shall be com-
posed 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.
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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 with-
out 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 Philadel-
phia 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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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 depart-
ments and agencies of the United States.
(e) ADMINISTRATIVE SUPPORT SERVICES.—Upon the request of
the Commission, the Administrator of General Services shall pro-
vide 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 dona-
tions 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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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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.