Text: H.R.2362 — 107th Congress (2001-2002)All Information (Except Text)

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Public Law No: 107-202 (07/24/2002)

 
[107th Congress Public Law 202]
[From the U.S. Government Printing Office]


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[DOCID: f:publ202.107]


[[Page 116 STAT. 739]]

Public Law 107-202
107th Congress

                                 An Act


 
To establish the Benjamin Franklin Tercentenary Commission. <<NOTE: July 
                       24, 2002 -  [H.R. 2362]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Benjamin Franklin 
Tercentenary Commission Act. 36 USC note prec. 101.>> assembled,

SECTION 1. SHORT TITLE.

    This Act may be referred to as the ``Benjamin Franklin Tercentenary 
Commission Act''.

SEC. 2. <<NOTE: 36 USC note prec. 101.>> 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. <<NOTE: 36 USC note prec. 101.>> 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. <<NOTE: 36 USC note prec. 101.>> 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.

[[Page 116 STAT. 740]]

                    (B) The rededication of the Benjamin Franklin 
                National Memorial at the Franklin Institute in 
                Philadelphia, Pennsylvania, or other activities with 
                respect to that memorial.
                    (C) The acquisition and preservation of artifacts 
                associated 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 occasion 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 
activities honoring Benjamin Franklin.

SEC. 5. <<NOTE: 36 USC note prec. 101.>> MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 15 
members as follows:
            (1) The Librarian of Congress.
            (2) <<NOTE: President. Congress.>> 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.

[[Page 116 STAT. 741]]

    (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 without 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. <<NOTE: 36 USC note prec. 101.>> ORGANIZATION.

    (a) <<NOTE: President.>> 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) <<NOTE: Establishment.>> 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 
        Philadelphia Museum of Art.
            (5) The President of the University of Pennsylvania.

    (c) <<NOTE: Contracts.>> 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. <<NOTE: 36 USC note prec. 101.>> POWERS.

    (a) Hearings and Sessions.--The Commission may, for the purpose of 
carrying out this Act, hold such hearings, sit and act

[[Page 116 STAT. 742]]

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 departments and 
agencies of the United States.
    (e) Administrative Support Services.--Upon the request of the 
Commission, the Administrator of General Services shall provide 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 donations 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. <<NOTE: 36 USC note prec. 101.>> 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. <<NOTE: 36 USC note prec. 101.>> REPORTS.

    (a) Interim Reports.--The Commission shall submit to the Congress 
such interim reports as the Commission considers to be appropriate.
    (b) <<NOTE: Deadline.>> 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. <<NOTE: 36 USC note prec. 101.>> TERMINATION.

    The Commission shall terminate 120 days after submitting its final 
report pursuant to section 9(b).

[[Page 116 STAT. 743]]

SEC. 11. <<NOTE: 36 USC note prec. 101.>> 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.

    Approved July 24, 2002.

LEGISLATIVE HISTORY--H.R. 2362:
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CONGRESSIONAL RECORD:
                                                        Vol. 147 (2001):
                                    Oct. 30, considered and passed 
                                        House.
                                                        Vol. 148 (2002):
                                    July 9, considered and passed 
                                        Senate.

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