Volume 97 · 719
Public Law 98–101
To provide for the establishment of a Commission on the Bicentennial of the Constitution.
Approved September 29, 1983
Statutory text
An Act
To provide for the establishment of a Commission on the Bicentennial of the Constitution.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That there is
Commission on the Bicentennial of the United States Constitution.
Establishment.
established a Commission on the Bicentennial of the United States Constitution, hereinafter referred to as the “Commission”.
Sec. 2. findings
The Congress finds that—
the bicentennial of the Constitutional Convention’s adoption of the Constitution occurs on September 17, 1987;
the Constitution enunciates the limitations on govern ment, the inalienable rights, and the timeless principles of individual liberty and responsibility, and equality before law, for the people of the United States of America;
this document has set an enduring example of representative democracy for the world; and
the maintenance of the common principles that animate our Republic depend upon a knowledge and understanding of their roots and origins.
Sec. 3. purpose
It is the purpose of this Act to establish a Commission to promote and coordinate activities to commemorate the bicentennial of the Constitution.
Sec. 4. membership
The Commission shall be composed of twenty-three members as follows:
twenty members appointed by the President, four of whom shall be appointed from among the recommendations made by the Speaker of the House of Representatives (in consultation with the minority leader of the House of Representatives), four of whom shall be appointed from among the recommendations made by the President pro tempore of the Senate, in consultation with the majority leader and minority leader of the Senate, and four of whom shall be appointed from among the recommendations made by the Chief Justice of the United States;
the Chief Justice of the United States, or his designee;
the President pro tempore of the Senate, or his designee; and
the Speaker of the House of Representatives, or his designee.
Each of the individuals making recommendations to the President regarding appointments shall seek to achieve a balanced membership representing, to the maximum extent practicable, the Nation as a whole. The Commission members shall be chosen from among individuals who have demonstrated scholarship, a strong sense of public service, expertise in the learned professions, and abilities likely to contribute to the fulfillment of the duties of the Commission.
Members of the Commission shall be appointed for the life of the Commission.
One of the members shall be designated as Chairman by, and shall serve in the position of Chairman at the pleasure of, the President.
Twelve members of the Commission shall constitute a quorum, but a lesser number may conduct meetings.
A vacancy in the Commission resulting from the death or resignation of a member shall not affect its powers, and shall be filled in the same manner in which the original appointment was made.
Sec. 5. administrative provisions and powers
The Commission shall appoint a staff director who shall be paid at a rate not to exceed the rate of basic pay provided for level I of the Executive Schedule pursuant to section 5312 of title 5, United States Code.
The Commission is authorized to appoint and fix the compensation, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without
regard to chaper 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, of such additional publicly paid personnel up to five persons, as the Chairman finds necessary to carry out the purposes of this title. Such personnel shall be compensated at a rate not to exceed a rate equal to the maximum rate of pay for GS-18 of the General Schedule under section 5332 of title 5, United States Code.
Subject to the provisions of this subsection, the Commission may appoint and fix the pay of such additional personnel to be paid out of private donations. An individual appointed to a position funded in such manner shall be so designated at the time of such individual’s appointment. The Chairman may appoint such additional personnel as he deems appropriate, not to exceed forty staff members.
Each member of the Commission shall serve without being compensated as a member of such Commission, except that each member shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties.
Upon request of the Commission, the head of any Federal agency may detail any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties under this Act. Details under this subsection snail be without reimbursement by the Commission to the agency from which the employee concerned was detailed.
The Commission may accept the services of not to exceed twenty employees under this subsection at any time.
The Commission is authorized to procure supplies, services, and property, and make contracts, in any fiscal year, only to such extent or in such amounts as are provided in appropriation Acts or are donated pursuant to subsection (h) of this section.
The Commission is authorized to enter into agreements with the General Services Administration for procurement of necessary financial and administrative services, for which payment shall be made by reimbursement from funds of the Commission in such amounts as may be agreed upon by the Chairman and the Administrator of the General Services Administration.
The Commission is authorized to accept, use, solicit, and
Donations.
dispose of donations of money, property, or personal services.
The Commission shall prescribe regulations under which the
Regulations.
Commission may accept donations of money, property, or personal services, except that under such regulations, the Commission may not accept donations—
the value of which exceeds $25,000 annually, in the case of donations from an individual; or
the value of which exceeds $100,000 annually, in the case of donations from a corporation, partnership, or other business organization.
The regulations prescribed under this subsection shall include procedures for determining the value of donations of property or personal services.
The limitations set forth in this subsection shall not apply in the case of an organization if it is an organization described in section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 501(c)(3)), and exempt from taxation under section 501(a) of such Code.
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.
The Commission shall have the authority to design and use a
Logo.
Rules, regulations, and prohibitions.
logo as the official emblem of the bicentennial. The Commission shall issue rules and regulations, including penalties for unauthorized use, regarding the use of such logo, except that under those regulations, the Commission shall be prohibited from selling, leasing, or otherwise granting to any corporation or private person the right to use the logo in connection with the production or manufacture of any commercial goods, as part of an advertisement promoting any commercial goods or services, or as part of an endorsement for any such goods or services.
Sec. 6. duties of the commission
The Commission shall—
plan and develop activities appropriate to commemorate the bicentennial of the Constitution, including a limited number of projects to be undertaken by the Federal Government seeking to harmonize and balance the important goals of ceremony and celebration with the equally important goals of scholarship and education;
encourage private organizations, and State and local governments to organize and participate in bicentennial activities commemorating or examining the drafting, ratification, and history of the Constitution and the specific features of the document;
coordinate, generally, activities throughout all of the States; and
serve as a clearinghouse for the collection and dissemination of information about bicentennial events and plans.
In planning and implementing appropriate activities to commemorate the bicentennial, the Commission shall give due consideration to—
the historical setting in which the Constitution was developed and ratified, including such antecedents as the Federalist Papers, the Articles of the Confederation, and the ratification debates in the States;
the contribution of diverse ethnic and racial groups;
the relationship and historical development of the three branches of the Government;
the importance of activities concerning the Constitution and citizenship education throughout all of the States regardless of when such State achieved statehood;
the unique achievements and contributions of the participants in the Constitutional Convention of 1787 and the State ratification proceedings;
the diverse legal and philosophical views regarding the Constitution;
the need for reflection upon both academic and scholarly views of the Constitution and the principle that the document must be understood by the general public;
the substantive provisions of the Constitution itself;
the impact of the Constitution on American life and government;
the need to encourage appropriate educational curriculums designed to educate students at all levels of learning on the drafting, ratification, and history of the Constitution and the specific provisions of that document; and
the significance of the principles and institutions of the Constitution to other nations and their citizens.
The Commission shall seek the cooperation, advice, and assistance from both private and governmental agencies and organizations, including the National Endowment for the Arts, the National Endowment for the Humanities, the Library of Congress, the Smithsonian Institution, the National Archives, the Department of the Interior, State and local governments, learned societies, academic institutions, and historical, patriotic, philanthropic, civic, and professional groups, and bar associations.
The Commission may, in carrying out the purposes of this Act, delegate authority to State advisory commissions to assist in implementing this Act.
Within two years after the date of enactment of this Act, the Commission shall submit to the President and each House of the Congress and the Judicial Conference of the United States a comprehensive report incorporating specific recommendations -of the Commission for commemoration and coordination of the bicentennial and related activities. Such report shall include recommendations for publications, scholarly projects, conferences, programs, films, libraries, exhibits, ceremonies, and other projects, competitions and awards, and a calendar of major activities and events planned to commemorate specific historical dates. Each year after such comprehensive report, the Commission shall submit an annual report to the President, each House of the Congress, and the Judicial Conference until such Commission terminates.
Sec. 7. termination
The Commission shall terminate on December 31, 1989.
Sec. 8. authorization of appropriations
There are authorized to be appropriated to carry out the purposes of this Act $300,000 for fiscal year 1984 and such sums as may be necessary for the subsequent fiscal years through fiscal year 1989.
Sec. 9. effective date
This Act shall become effective on the date of enactment.
Approved September 29, 1983.