[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3287 Enrolled Bill (ENR)]
H.R.3287
One Hundred Eighth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, two thousand and three
An Act
To award congressional gold medals posthumously on behalf of Reverend
Joseph A. DeLaine, Harry and Eliza Briggs, and Levi Pearson in
recognition of their contributions to the Nation as pioneers in the
effort to desegregate public schools that led directly to the landmark
desegregation case of Brown et al. v. the Board of Education of Topeka
et al.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FINDINGS.
The Congress finds as follows:
(1) The Reverend Joseph Armstrong DeLaine, one of the true
heroes of the civil rights struggle, led a crusade to break down
barriers in education in South Carolina.
(2) The efforts of Reverend DeLaine led to the desegregation of
public schools in the United States, but forever scarred his own
life.
(3) In 1949, Joseph DeLaine, a minister and school principal,
organized African-American parents in Summerton, South Carolina, to
petition the school board for a bus for black students, who had to
walk up to 10 miles through corn and cotton fields to attend a
segregated school, while the white children in the school district
rode to and from school in nice clean buses.
(4) In 1950, these same parents, including Harry and Eliza
Briggs, sued to end public school segregation in Briggs et al. v.
Elliott et al., one of 5 cases that collectively led to the
landmark 1954 Supreme Court decision of Brown et al. v. Board of
Education of Topeka et al.
(5) Because of his participation in the desegregation movement,
Reverend DeLaine was subjected to repeated acts of domestic terror
in which--
(A) he, along with 2 sisters and a niece, lost their jobs;
(B) he fought off an angry mob;
(C) he received frequent death threats; and
(D) his church and his home were burned to the ground.
(6) In October 1955, after Reverend DeLaine relocated to
Florence County in South Carolina, shots were fired at the DeLaine
home, and because Reverend DeLaine fired back to mark the car, he
was charged with assault and battery with intent to kill.
(7) The shooting incident drove him from South Carolina to
Buffalo, New York, where he organized an African Methodist
Episcopal Church.
(8) Believing that he would not be treated fairly by the South
Carolina judicial system if he returned to South Carolina, Reverend
DeLaine told the Federal Bureau of Investigation, ``I am not
running from justice but injustice'', and it was not until 2000 (26
years after his death and 45 years after the incident) that
Reverend DeLaine was cleared of all charges relating to the October
1955 incident.
(9) Reverend DeLaine was a humble and fearless man who showed
the Nation that all people, regardless of the color of their skin,
deserve a first-rate education, a lesson from which the Nation has
benefited immeasurably.
(10) Reverend DeLaine deserves rightful recognition for the
suffering that he and his family endured to teach the Nation one of
the great civil rights lessons of the last century.
(11) Like the Reverend DeLaine and Harry and Eliza Briggs, Levi
Pearson was an integral participant in the struggle to equalize the
educational experiences of white and black students in South
Carolina.
(12) Levi Pearson, with the assistance of Reverend Joseph
DeLaine, filed a lawsuit against the Clarendon County School
District to protest the inequitable treatment of black children.
(13) As a result of his lawsuit, Levi Pearson also suffered
from acts of domestic terror, such as the time gun shots were fired
into his home, as well as economic consequences: local banks
refused to provide him with credit to purchase farming materials
and area farmers refused to lend him equipment.
(14) Although his case was ultimately dismissed on a
technicality, Levi Pearson's courage to stand up for equalized
treatment and funding for black students served as the catalyst for
further attempts to desegregate South Carolina schools, as he
continued to fight against segregation practices and became
President of Clarendon County Chapter of the NAACP.
(15) When Levi Pearson's litigation efforts to obtain equalized
treatment and funding for black students were stymied, Harry and
Eliza Briggs, a service station attendant and a maid, continued to
fight for not only equalized treatment of all children but
desegregated schools as well.
(16) As with Reverend DeLaine and Levi Pearson, the family of
Harry and Eliza Briggs suffered consequences for their efforts:
Harry and Eliza both were fired from their jobs and forced to move
their family to Florida.
(17) Although they and their family suffered tremendously,
Harry and Eliza Briggs were also pioneers leading the effort to
desegregate America's public schools.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--In recognition of the contributions
of Reverend Joseph A. DeLaine, Harry and Eliza Briggs, and Levi Pearson
to the Nation as pioneers in the effort to desegregate public schools
that led directly to the landmark desegregation case of Brown et al. v.
the Board of Education of Topeka et al., the Speaker of the House of
Representatives and the President Pro Tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of the
Congress, of a gold medal of appropriate design, to Joseph De Laine,
Jr., as next of kin of Reverend Joseph A. DeLaine, and to the next of
kin or other personal representative of Harry and Eliza Briggs and of
Levi Pearson.
(b) Design and Striking.--For the purposes of the awards referred
to in subsection (a), the Secretary of the Treasury (hereafter in this
Act referred to as the ``Secretary'') shall strike 3 gold medals with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary.
SEC. 3. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medals struck pursuant to section 2, under such regulations as the
Secretary may prescribe, and at a price sufficient to cover the costs
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the gold medals.
SEC. 4. STATUS AS NATIONAL MEDALS.
(a) National Medals.--The medals struck pursuant to this Act are
national medals for purposes of chapter 51 of title 31, United States
Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all medals struck under this Act shall be
considered to be numismatic items.
SEC. 5. FUNDING.
(a) Authority To Use Fund Amounts.--There is authorized to be
charged against the United States Mint Public Enterprise Fund such
amounts as may be necessary to pay for the cost of the medals
authorized by this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals under section 3 shall be deposited in the United States
Mint Public Enterprise Fund.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.