[106th Congress Public Law 550]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ550.106]
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Public Law 106-550
106th Congress
An Act
To establish a commission to commemorate the 250th anniversary of the
birth of James Madison. <<NOTE: Dec. 19, 2000 - [S. 3137]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: James Madison
Commemoration Commission Act. 36 USC note prec. 101.>>
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. <<NOTE: 36 USC note prec. 101.>> 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. <<NOTE: 36 USC note prec. 101.>> 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. <<NOTE: 36 USC note prec. 101.>> DUTIES.
(a) Commission.--The Commission shall--
(1) <<NOTE: Government Printing Office, publication.>> 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. <<NOTE: 36 USC note prec. 101.>> 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) <<NOTE: President.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: 36 USC note prec. 101.>> 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. <<NOTE: 36 USC note prec. 101.>> 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. <<NOTE: 36 USC note prec. 101.>> 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. <<NOTE: Deadline. 36 USC note prec. 101.>> 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. <<NOTE: 36 USC note prec. 101.>> 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) <<NOTE: Deadlines.>> 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. <<NOTE: 36 USC note prec. 101.>> 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. <<NOTE: 36 USC note prec. 101.>> AUTHORIZATION OF
APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$250,000 for fiscal year 2001.
Approved December 19, 2000.
LEGISLATIVE HISTORY--S. 3137:
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CONGRESSIONAL RECORD, Vol. 146 (2000):
Oct. 25, considered and passed Senate.
Dec. 4, considered and passed House.
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