Public Law 107 - 41 - 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.

[107th Congress Public Law 41]
[From the U.S. Government Printing Office]


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[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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