[107th Congress Public Law 41]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ041.107]
[[Page 225]]
BROWN v. BOARD OF EDUCATION 50TH ANNIVERSARY COMMISSION
[[Page 115 STAT. 226]]
Public Law 107-41
107th Congress
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. <<NOTE: Sept. 18, 2001 - [H.R.
2133]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: 36 USC note
prec. 101.>>
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) <<NOTE: President.>> Eleven individuals appointed by the
President after receiving recommendations as follows:
[[Page 115 STAT. 227]]
(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.
[[Page 115 STAT. 228]]
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. <<NOTE: Deadline.>>
(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.
[[Page 115 STAT. 229]]
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.
Approved September 18, 2001.
LEGISLATIVE HISTORY--H.R. 2133 (S. 1046):
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CONGRESSIONAL RECORD, Vol. 147 (2001):
June 27, considered and passed House.
Aug. 3, considered and passed Senate, amended.
Sept. 10, House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001):
Sept. 19, Presidential statement.
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