[Congressional Record Volume 147, Number 91 (Wednesday, June 27, 2001)]
[House]
[Pages H3635-H3641]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        BROWN V. BOARD OF EDUCATION 50TH ANNIVERSARY COMMISSION

  Mrs. MORELLA. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2133) 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, as 
amended.
  The Clerk read as follows:

                               H.R. 2133

       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 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 Chair of the Commission.
       (2) Eleven individuals appointed by the President after 
     receiving recommendations as follows:
       (A) Members of the Senate from each of the States in which 
     the lawsuits decided by the Brown decision were originally 
     filed, Delaware, Kansas, South Carolina, and Virginia, and 
     from the State of the first legal challenge, Massachusetts, 
     shall jointly recommend to the President one individual from 
     their respective States.
       (B) Members of the House of Representatives from each of 
     the States referred to in subparagraph (A) shall jointly 
     recommend to the President one individual from their 
     respective States.
       (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.
       (3) Two representatives of the judicial branch of the 
     Federal Government appointed by the Chief Justice of the 
     United States Supreme Court.
       (4) Two representatives of the Brown Foundation.

[[Page H3636]]

       (5) Two representatives of the NAACP Legal Defense and 
     Education Fund.
       (6) 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 enactment of this 
     Act. The Commission shall subsequently meet at the call of 
     the Chair 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.

     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.

       (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.

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Maryland (Mrs. Morella) and the gentleman from Illinois (Mr. Davis) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from Maryland (Mrs. Morella).


                             General Leave

  Mrs. MORELLA. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks on H.R. 2133.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Maryland?
  There was no objection.
  Mrs. MORELLA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 2133. It is important 
legislation introduced by the gentleman from Kansas (Mr. Ryun).
  Mr. Speaker, May 17, 2004, will mark the 50th anniversary of the 
Supreme Court's landmark decision in Brown v. Board of Education in 
Topeka, Kansas. In recognition of the importance of that decision, this 
bill will establish the Brown v. Board of Education 50th Anniversary 
Commission to plan and coordinate the commemoration of that 
anniversary.
  Mr. Speaker, of all the landmark decisions handed down by the Supreme 
Court, few are as well-known as Brown v. Board of Education, and few 
have been as important.
  In Brown, a unanimous Supreme Court effectively ended the separate 
but equal doctrine in education, ruling that racially segregated 
schools violated the equal protection clause of the 14th amendment. 
Despite the court's ruling, dual school systems were not abolished 
quickly or smoothly, but in the end, Mr. Speaker, they were abolished, 
further buttressing our Constitution's promise of equality under the 
law.
  In order to commemorate the 50th anniversary of the Brown decision, 
the Commission shall hold public education activities and initiatives, 
including public lectures, writing contests and public awareness 
campaigns. The Commission will be comprised of representatives from the 
judicial branch, the Department of Education, the NAACP Legal Defense 
and Education Fund, and the Brown Foundation, as well as individuals 
from States in which the cases leading to the Brown decision were filed 
and the District of Columbia. These States were, incidentally, 
Delaware, Kansas, South Carolina, and Virginia. There will also be 
representatives from Massachusetts in recognition that the first legal 
challenge to segregated schools was filed there in 1849.
  The Commission will terminate when its work is done, but not later 
than February 5, 2005.
  Mr. Speaker, the Court's opinion in Brown v. Board of Education has 
touched the lives of all of us, and I urge all Members to support this 
important legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. DAVIS of Illinois. Mr. Speaker, I rise in support of this 
resolution, and I yield 3 minutes to the gentleman from Maryland (Mr. 
Cummings).
  Mr. CUMMINGS. Mr. Speaker, I thank the gentleman for yielding me this 
time.
  Today, Mr. Speaker, I rise in support of H.R. 2133 to establish a 
commission for the purpose of encouraging and providing for the 
commemoration of the 50th anniversary of the life-changing Supreme 
Court decision of Brown v. Board of Education.
  In Brown v. Board of Education, the Supreme Court Justices called for 
racial integration of public schools. Public schools were, with 
struggle, desegregated and, subsequently, African American youth made 
enormous progress in various areas, such as high school completion, 
better test scores, greater college enrollment and obtaining college 
degrees.
  As a result of this important decision, African Americans greatly 
increased our numbers in many occupational fields which, before Brown, 
had a scarcity of African Americans.
  This monumental decision led to gains in equal education 
opportunities for minority children that were not provided for nor even 
considered under the Plessy v. Ferguson decision. This cemented African 
American community leaders' actions against the tragedy of segregation 
in America's schools.
  Chief Justice Warren delivered the Court's opinion on May 17, 1954, 
stating that ``segregated schools are not equal and cannot be made 
equal, and, hence, they are deprived of the equal protection of the 
laws.'' Originally taught using dull strategies and rote learning 
tools, minority students are now able to gain the tools necessary for 
future success in college and in the workplace.
  While African American educational attainment has improved, the 
amount of education needed to have a real chance in life has grown even 
more. Yes, Brown v. Board of Education altered the economic, political 
and social structure of this great Nation and helped change the face of 
America. It is for this reason that I strongly urge my colleagues to 
vote in favor of this very important resolution commemorating this 
significant decision.
  However, I also urge my colleagues to remain committed to the 
principles of equality in education. As we consider our budget and 
legislative measures that focus on education, we must be ever mindful 
of the critical importance of ensuring that all of this Nation's youth 
be well prepared to face the challenges and become productive members 
of this great society.

[[Page H3637]]

  As we reflect on Brown v. Board of Education, let us remember that a 
priority focus on education is key, but equity and parity in education 
is critical.
  Mrs. MORELLA. Mr. Speaker, it is my pleasure to yield 7 minutes to 
the gentleman from Kansas (Mr. Ryun), the introducer of this very 
important resolution.
  Mr. RYUN of Kansas. Mr. Speaker, today we speak of ``no child left 
behind'' in our education system, and providing our children with the 
highest quality education is a value that we all hold very dear. 
Unfortunately, for years African American children remained in 
substandard facilities without updated textbooks and insufficient 
supplies. These children were denied admission to all-white schools 
based on the ``separate but equal'' doctrine entrenched in public 
education.
  Fortunately, the landmark Supreme Court decision of Oliver L. Brown 
v. Board of Education of Topeka would forever change this inequity. On 
May 17, 1954, the U.S. Supreme Court issued a definitive interpretation 
of the 14th amendment that would unequivocally change the landscape of 
American public education. The High Court stated that the 
discriminatory nature of racial segregation violates the 14th amendment 
to the U.S. Constitution, which guarantees all citizens equal 
protection of the laws. This decision effectively ended the long-held 
``separate but equal'' doctrine in U.S. education.
  Prior to the Brown v. Board of Education decision, numerous school 
integration cases were taken to courts between 1849 and 1949. In Kansas 
alone there were 11 cases filed between 1881 and 1949. In response to 
these unsuccessful attempts to ensure equal opportunities for all 
children, African American community leaders and organizations across 
the country stepped up their efforts to change the education system. In 
the 1940s and 1950s, local NAACP leaders spearheaded plans to end the 
doctrine of ``separate but equal.'' Public schools became the means to 
that end.
  In the fall of 1950, members of the Topeka, Kansas, chapter of the 
NAACP agreed to again challenge the ``separate but equal'' doctrine 
governing public schools. Their plan involved enlisting the support of 
fellow NAACP members, personal family and friends as plaintiffs in what 
would be a class action suit filed against the Board of Education of 
Topeka Public Schools. A group of 13 parents agreed to participate on 
behalf of their children. Each plaintiff was to watch the paper for 
enrollment dates and take their child to the school that was nearest to 
their home. Once the attempt to enroll was denied, they were to report 
back to the NAACP. This would provide the attorneys with the 
documentation necessary to file a lawsuit against the Topeka school 
board.
  As we all know, 4 years later, on May 17, 1954, Topeka parents and 
children received a final victory before the U.S. Supreme Court.
  Brown v. Board of Education inspired and galvanized human rights 
struggles in this country and around the world. The national importance 
of the Brown decision had a profound impact on American culture. It has 
affected families and communities and governments by outlawing racial 
segregation. Legal scholars and historians agree that this case is 
among the three most significant judiciary turning points in the 
development of our country, yet it is largely misunderstood.
  For example, many students never learned that the Brown v. Board of 
Education was a combination of cases originally filed in Delaware, 
South Carolina, Virginia, the District of Columbia, in addition to 
Kansas, and that the final legal challenge occurred in Massachusetts. 
None of these original cases succeeded in the district court, and all 
were appealed to the U.S. Supreme Court. At this juncture, they were 
combined and became known jointly as the Oliver L. Brown, et al., v. 
The Board of Education of Topeka Kansas, et al. The High Court decided 
to combine the cases because each sought the same relief from 
segregated schools for African Americans.
  We should also remember that Thurgood Marshall served as a legal 
strategist and counsel for the school segregation cases. Marshall later 
became the first African American to serve on the U.S. Supreme Court.

  Brown v. Board of Education is undoubtedly the most revolutionary 
case striking down segregation, and as we approach the 50th anniversary 
of Brown v. The Board on May 17, 2004, it is only fitting that we 
commemorate this decision by ensuring that our Nation fully understands 
the case and the responding effects that it has had on our Nation.
  Mr. Speaker, H.R. 2133 will establish a commission to help education 
Americans on the history and ramifications of this landmark cases in 
preparation for the 50th anniversary of the Brown decision.
  The Commission will work in conjunction with the Department of 
Education to disseminate print resources to schools, plan and 
coordinate public education events, including public lectures, writing 
contests and public awareness campaigns.
  Working in cooperation with both the public and private sector, the 
Commission will be comprised of representatives from the Committee on 
the Judiciary, the Department of Education, as well as the NAACP Legal 
Defense and Education Fund, and the Brown Foundation. In addition, 
individuals chosen from the States in which the lawsuits were 
originally filed, which were Delaware, Kansas, South Carolina, 
Virginia, and the District of Columbia, and from the first State that 
had the first legal challenge, Massachusetts, will also serve on this 
Commission.
  Equal opportunity is granted by our Constitution, but making equality 
a reality for all Americans requires real struggle and sacrifice. We 
must not forget the sacrifices made in order to give equality to all 
Americans.
  The U.S. Supreme Court offered us this reflection in the opinion 
rendered in the Brown case, and I quote: ``It is doubtful that any 
child may reasonably be expected to succeed in life if he is denied the 
opportunity for an education.'' Education is the metal that holds the 
framework of our democratic society together. Brown v. Board of 
Education guarantees this opportunity.
  Mr. Speaker, I ask my colleague to join me in honoring this historic 
and far-reaching Supreme Court decision and support H.R. 2133.
  Mr. DAVIS of Illinois. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, first of all, let me commend and congratulate the 
gentleman from Kansas for introducing this very important bill. As a 
matter of fact, I rise in support of this legislation to establish the 
Brown v. Board of Education 50th Anniversary Commission.
  The Commission, in conjunction with the Department of Education, is 
charged with planning and coordinating public education activities and 
initiatives, writing contests and public awareness campaigns. In 
cooperation with the Brown Foundation for Educational Equity, 
Excellence and Research, the Commission must submit recommendations to 
Congress to encourage, plan, develop observances of the anniversary of 
the Brown decision.
  The 50th anniversary of the Brown decision will take place on May 17, 
2004. This Commission is going to need every second of the next 3 years 
to commemorate the Brown decision in a meaningful way.
  Brown v. Board of Education is to be commemorated for what it did to 
address the disparities in the American education system 47 years ago, 
and to help us address the disparities that we struggle with today. 
Like in the 1930s and 1950s, the best hope for racial, social and 
economic equality lay in education. That is why in 1951, Oliver Brown 
and the parents of 12 other black children filed a lawsuit against the 
Topeka Board of Education protesting the city's segregation of black 
and white students.

                              {time}  1215

  That is also why, Mr. Speaker, today parents all across America, 
particularly parents of children of color, are demanding that elected 
officials improve the American educational system.
  In 1997, 93 percent of whites aged 25 to 29 had attained a high 
school diploma or equivalency degree compared to 87 percent of African 
Americans and just 62 percent of Hispanics.
  Among those with high school degrees, 35 percent of whites had 
completed a bachelor's degree or higher, compared to just 16 percent of 
African Americans and 18 percent of Hispanics.

[[Page H3638]]

 Given the increasing importance of skill in our labor market, these 
gaps in educational attainment translate into large differences by race 
and ethnicity in eventual labor market outcomes, such as wages and 
employment.
  American schools are integrated, but they still are not equal. They 
are not equal because we still do not understand in many places what it 
takes to make schools effective.
  How do we prepare all of our children to meet the challenges of 
tomorrow? For some people, charter and private schools are the answer. 
For others, it is school vouchers and class size reduction. One thing 
is for sure, if we do not break down the disparities in the educational 
system, the cycle of poverty will continue among children who attend 
poor and inner-city schools. A good, solid public education system is 
basic for all Americans.
  The historic Brown v. Board of Education was announced on May 7, 1954 
by Chief Justice Warren. Justice Warren's words are timeless. He 
stressed the fact that public education was a right which must be made 
available to all on equal terms.
  I trust that the commission will remember these words when planning 
for observances of the 50th anniversary of the Brown decision. And even 
as we discuss this resolution today and prepare for its passage, there 
is still not equal funding for school districts even in my own State, 
the land of Lincoln, the State of Illinois, where some school districts 
receive as much as three times the funding of other districts; and if 
that is not separate but equal, unequal, then I do not know how to 
define it.
  Mr. Speaker, I hope that we all will remember this as we seek to 
improve the American educational system. I urge all of my colleagues to 
join in supporting this resolution.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. MORELLA. Mr. Speaker, I yield 2 minutes to the gentleman from 
Kansas (Mr. Tiahrt).
  Mr. TIAHRT. Mr. Speaker, I thank the gentlewoman from Maryland (Mrs. 
Morella) for yielding me the time.
  Mr. Speaker, I rise today in strong support of H.R. 2133. We are soon 
coming upon the anniversary of the landmark Supreme Court decision. On 
May 17, 1954, the United States Supreme Court eradicated the separate 
but equal doctrine and integrated our public school system.
  Most Americans have heard about Brown v. Board of Education trial, 
but few completely understand this very important case.
  I commend the gentlewoman from Maryland (Mrs. Morella) and the 
gentleman from Kansas (Mr. Ryun) for introducing this legislation to 
establish a commission to help educate Americans on the history and 
ramifications of Brown v. Board of Education in preparation for the 
50th anniversary of this case.
  Education is, perhaps, the most important tool for fulfilling one's 
dreams. The American dream, the wonderful belief that any child in 
America, any child, regardless of color or economic background, has the 
ability to make his dream a reality. In order to help children, our 
children, in the pursuits of their dreams, we need to make sure they 
have a good education.
  Last month, we showed our commitment to this goal by voting on an 
education plan to Leave No Child Behind. Unfortunately, in 1954, 
African Americans were denied the chance to have equal access to our 
public school system.
  Their parents, realizing the importance of education, did everything 
possible they could to properly educate their children while at the 
same time fighting the segregated system.
  They also realized that beyond the 3 R's, it was important for all 
children to learn respect for all people.
  The Brown decision was more than just an end to the practice of 
segregation in our schools; it was also a wonderful beginning. The 
beginning of a public school system that could more accurately reflect 
the belief that all men and women are created equal and should be 
treated as such.
  Integrated schools are beneficial to all students and the Nation as a 
whole. For this reason, we should make sure that Brown v. Board of 
Education case is properly taught and understood.
  I share the belief of the gentleman from Kansas (Mr. Ryun) that for 
the 50th anniversary of this landmark case we should help make history 
come alive for our Nation's school children. In doing so, we can help 
the newest generation of Americans realize the importance of liberty 
and democracy.
  Mr. DAVIS of Illinois. Mr. Speaker, I yield 3 minutes to the dynamic 
gentleman from Lenexa, Kansas (Mr. Moore).
  Mr. MOORE. Mr. Speaker, I thank the gentleman from Illinois (Mr. 
Davis) for yielding me the time.
  Mr. Speaker, I rise today to speak in strong support of a very 
important piece of legislation, H.R. 2133. On May 17, 1954, in the case 
of Brown v. Topeka Board of Education, the United States Supreme Court 
unanimously declared that separate educational facilities are 
inherently unequal and, as such, violate the 14th amendment to our 
United States Constitution, a Constitution which guarantees to all 
citizens equal protection of the laws.
  This was a critical point in time, because it began an era of social 
responsibility, equity, and justice that this country had not seen 
since the end of the Civil War.
  The legacy of the Brown decision is its impact on the whole of 
American society and its contribution to the civil rights movement. 
When you think of the civil rights movement, the 1954 Brown decision is 
clearly a watershed. Would we have had a Rosa Parks in 1955 without a 
Reverend Oliver L. Brown fighting for equal education in Topeka, Kansas 
in 1951. Maybe, but without the definitive court ruling of what was 
right, what was constitutional, we would not have desegregation in 
Little Rock, Arkansas.
  The Brown decision sliced the issue of inequality wide open, putting 
it in the morning newspaper and on the evening news. Brown is important 
for four very basic reasons.
  Number one, it was the beginning of the end of racial segregation 
authorized by law in this country.
  Number two, it overturned laws permitting segregated public schools 
in Kansas and 20 other States.
  Number three, it overturned a previous United States Supreme Court 
decision of 1896, Plessy v. Ferguson. The Plessy decision gave us the 
infamous doctrine of separate but equal, a legal fiction as we know 
now.
  It defended the sovereign power of the people of the United States to 
protect their natural rights and their human rights from random 
restrictions and limits imposed by State and local governments.
  These rights are recognized in the Declaration of Independence and 
guaranteed by the Constitution of the United States. Using the Brown 
decision as an educational vehicle will teach children and communities 
alike to respect and honor those who fight for what is right. Creating 
a commission to commemorate the 50th anniversary of the Brown decision 
will also make sure that an important event in United States history 
does not become just a simple footnote.
  I would like to thank Cheryl Brown Henderson, the daughter of 
Reverend Oliver L. Brown, for what she has done in creating the Brown 
Foundation and what she continues to do in helping her representatives 
in Kansas draft this bill. It is through people like her and her 
father, and I would add our colleague here in Congress, the gentleman 
from Georgia (Mr. Lewis), that the civil rights movement blossomed.
  Mr. Speaker, I would also like to thank my esteemed colleague, the 
gentleman from Kansas (Mr. Ryun), for his hard work in promoting this 
legislation.
  Mrs. MORELLA. Mr. Speaker, I yield 3 minutes to the gentleman from 
Kansas (Mr. Moran).
  Mr. MORAN of Kansas. Mr. Speaker, I thank the gentlewoman from 
Maryland (Mrs. Morella) for yielding me the time.
  Mr. Speaker, I rise today in support of this legislation that would 
establish a commission to recognize the 50th anniversary of Brown v. 
Topeka Board of Education. As we approach this 50th anniversary, which 
will occur on May 17 of 2004, it is appropriate that Congress 
demonstrate its concern for the rights of all Americans through the 
establishment of a Federal commission to encourage and provide for the 
commemoration of this historic ruling.
  It is also appropriate today to recognize one of the leaders of the 
educational effort that has stemmed from

[[Page H3639]]

 the Brown case. I would like to acknowledge the dedication and hard 
work of Cheryl Brown Henderson, a Kansan, who brought to my attention 
the national importance of this 50th anniversary of the court decision.
  Ms. Henderson has been mentioned as the daughter of Oliver L. Brown, 
the lead plaintiff in this case; and I commend her for her dedication. 
I commend her father for his courage. Her commitment to human rights 
has led to her travels across America sharing the lessons of this and 
other landmark civil rights cases.
  My own interest in this historic case began as a student at the 
University of Kansas. One of my professors, Paul Wilson, was the junior 
Kansas assistant attorney general assigned to defend Topeka Board of 
Education. Largely through happenstance, Wilson wound up arguing before 
the Supreme Court in one of his first cases as an attorney.
  Each spring for many years, Professor Wilson spoke at a noon forum on 
his involvement in Brown v. Topeka Board of Education. Each year, the 
talk grew more and more popular, attracting an ever larger crowd of 
students. The stories he hold about that experience were fascinating 
stories of buying his first suit to a trip to Washington, D.C., riding 
a train for his first time outside the State of Kansas, filling out the 
paperwork to be admitted to the Supreme Court so he could make his 
arguments, and how inspiring it felt to watch Thurgood Marshall 
passionately, yet logically, argue the case, even when Wilson himself 
was on the other side.
  Besides preserving his memories of the facts of the Brown case in his 
classroom speeches, Professor Wilson had a unique perspective to 
analyze the issues and the impact of that case. Professor Wilson later 
wrote a book entitled A Time to Lose about his recollections of those 
times and the politics of that era. In his memoirs, Wilson offers some 
lessons about the evolution of race relations since that ruling.
  Wilson states, quote, ``this was the first time segregation was 
publicly acknowledged as a wrong practice. The decision issued in 1954 
caused me, Professor Wilson, and caused America to realize that to 
argue the policy of separate but equal was to defend the 
indefensible.''
  In the Brown case, the Supreme Court was asked to decide one of the 
important issues facing our country. It was being asked to reverse a 
trend of law, because up to that point legal decisions had supported 
the separate but equal policy. Not until Brown were the traditional 
notions of segregation challenged in a shift toward the public 
recognition of human equality and the fundamental worth of every 
person.
  The Supreme Court ruling made a monumental impact on human rights 
struggles worldwide. The laws and policies struck down by this ruling 
were the products of prejudice and discrimination. Ending the legal 
practice of these behaviors caused social and ideological implications 
we continue to feel in our country today.
  We are fast approaching the watershed of 2004. This commission could 
impact how people learn about the case and would carry the decision's 
message into the 21st century.
  Mr. Speaker, I urge its passage.
  Mr. DAVIS of Illinois. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, let us remember what the Brown v. Board of Education 
decision was all about. It was all about blacks exercising their 
citizenship and rights as a people, one Nation under God. Given our 
dark history concerning slavery and the citizenship rights of blacks 
and others in this country, we remember the Dred Scott decision. The 
question in the Dred Scott v. Sanford case where a black slave from 
Missouri claimed his freedom on the basis of 7 years of residency in a 
free State.
  On March 6, 1857, nine justices filed in the basement of the U.S. 
Capitol, led by Chief Justice Taney, and they asked the question then, 
``can a negro, whose ancestors were imported into this country, and 
sold as slaves, become a member of the political community formed and 
brought into existence by the Constitution of the United States, and as 
such become entitled to all the rights, privileges and immunities 
guaranteed by that instrument to the citizen?''
  The Supreme Court decision then did not serve justice to Dred Scott.
  Thirty-nine years later, the answer to this question became much more 
resounding in the Supreme Court case of Plessy v. Ferguson as a sad 
chapter in the pages of history. In this landmark decision of 1896, the 
court found that the doctrine of separate but equal concerning 
segregation of public facilities did not violate the Constitution. 
Separate schools for whites and blacks became a basic rule in southern 
society, legitimatized in this doctrine that legalized segregation 
known as ``Jim Crow.'' For years, this decision affected many black 
boys and girls and kept them from achieving an equitable education that 
was entitled to them under the Constitution of the United States.
  In the midwest town of Topeka, Kansas, a little girl named Linda 
Brown had to ride the bus five miles to school each day, although a 
public school was located only four blocks from her house.

                              {time}  1230

  The school was not full, and the little girl met all the requirements 
to attend, all but one that is. Linda Brown was black, and blacks were 
not allowed to go to white children's schools.
  In an attempt to gain equal educational opportunities for their 
children, 13 parents with the aid of the local chapter of the NAACP 
filed a class action suit against the Board of Education of Topeka 
Schools.
  Prior to becoming our first African American Justice of the Supreme 
Court of the United States, Thurgood Marshall presented a legal 
argument that resulted in the 1954 Supreme Court decision that separate 
but equal was unconstitutional because it violated the children's 14th 
amendment rights by separating them solely on the classification of the 
color of their skin. This ruling in favor of integration was one of the 
most significant strides America has taken in favor of civil rights.
  So we come today, Mr. Speaker, in support of a resolution to 
commemorate that day and to commemorate that time and to commemorate 
the exciting events that took place then as we look forward to events 
taking place even now.
  So I would urge all of my colleagues to join in support of this 
resolution.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. MORELLA. Mr. Speaker, I associate myself with the remarks of the 
gentleman from Illinois (Mr. Davis).
  Mr. Speaker, I am pleased to yield 2 minutes to the gentleman from 
Virginia (Mr. Forbes), our newest Representative over here on this 
side.
  Mr. FORBES. Mr. Speaker, it is an honor and privilege to speak for 
the first time as a Member of the House of Representatives on an issue 
of great importance to me and my constituents, a quality public 
education available to all that leaves no child behind.
  The legislation before us today prepares for the commemoration of the 
historic 1954 Supreme Court decision Brown v. Board of Education. It 
establishes and funds a commission that will plan and coordinate 
activities for the 50th anniversary of the case just 3 years away.
  Mr. Speaker, children should not have an inferior education because 
of the color of their skin. But before the Brown decision, textbooks, 
classrooms and buildings were second-class for black students as 
compared to the rest of our Nation. This was wrong.
  In May 1954, the Supreme Court sided with citizens in Topeka, Kansas, 
and said that it is not lawful to separate school children because of 
their race. When the Topeka case made its way to the United States 
Supreme Court, it was combined with the other cases from Delaware, 
South Carolina, Washington, D.C., and my home, the Commonwealth of 
Virginia. This comprehensive case became known as Oliver L. Brown, et 
al., v. Board of Education of Topeka.
  I thank the gentleman from Kansas (Mr. Ryun) for his leadership on 
this bill as well as the entire Kansas delegation. Let us work 
tirelessly to strengthen the educational system in our country through 
ideas and technology with accountability, proper funding, and reform.
  From the finest towns in America to the worst neighborhoods in our 
inner cities, we must never lose sight of the

[[Page H3640]]

unconditional commitment to our children. We must never forget that 
barriers were broken and hurdles were overcome to get to where we are 
now.
  Education is first, last, and always about our children. They need 
and deserve an equal opportunity to excel, to achieve and be the best 
they can be. Brown v. Board of Education opened the doors for all of 
our children to learn on a level playing field. We should be thankful, 
remember our past, learn from our history, and plan for our future.
  I thank the gentlewoman from Maryland (Mrs. Morella) for yielding me 
this time. I urge passage of the legislation.
  Mr. DAVIS of Illinois. Mr. Speaker, how much time do I have 
remaining?
  The SPEAKER pro tempore (Mr. Fossella). The gentleman from Illinois 
(Mr. Davis) has 5 minutes remaining.
  Mr. DAVIS of Illinois. Mr. Speaker, I yield 3 minutes to the 
gentlewoman from Texas (Ms. Jackson-Lee).
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I thank the gentleman very 
much for yielding me this time. I thank the gentlewoman from Maryland 
(Mrs. Morella) for her leadership. I thank the members of the committee 
and the gentleman from Illinois (Mr. Davis), the ranking member, and I 
thank the authors and cosponsors of this legislation.
  This legislation resulted in a different education for many of us who 
stand on the floor of the House today. To acknowledge and to organize a 
commission to celebrate the 50th anniversary of the Supreme Court 
decision in Brown v. Board of Education reminds us of those heroes like 
Thurgood Marshall and Constance Baker Motley and others who pursued the 
rights of children to be educated fairly and justly in the courts of 
the United States. How different our education and our lives would have 
been had we not had the opportunity to fight against segregated and 
unequal schools.
  The process that was designed in the 1800s that, in fact, you could 
be educated unequally was finally eliminated by this case to ensure 
that we would have an equal education. It is our challenge to keep the 
spirit of this Supreme Court decision alive. It is our challenge to 
ensure that school districts are not unequally funded and that there is 
not inequity in the Federal funding that goes to help public schools. 
It is our challenge to ensure that public schools are at their very 
best, and that those children who sit in our public schools today, 
those who are special needs children, those who are at-risk children, 
can experience the kind of education that Thurgood Marshall intended, 
and that was, of course, that we take away the unequalness of education 
and promote equality.
  Secondly, I would say that, over the years, we have had an attack on 
affirmative action. That is affirmatively reaching out to help 
education and to help promote equality.
  The Brown v. Board of Education was a symbol of fighting for equality 
and affirmatively seeking to create an opportunity for children to be 
educated together. I think our message now is to thank those who 
organized and well knew that they had to fight for justice, to thank 
those youngsters prepared to be the plaintiffs in the case, and to 
thank those lawyers.
  This Commission will be a commission that will be well-respected, 
giving us the structure and the ability to honor those and celebrate 
the 50th anniversary of this enormous decision that changed the lives 
of so many of us as well as changed the life and the values of the 
American society to believe truly in the equality of education.
  Mrs. MORELLA. Mr. Speaker, I yield 3 minutes to the gentlewoman from 
Illinois (Mrs. Biggert).
  Mrs. BIGGERT. Mr. Speaker, I thank the gentlewoman for yielding.
  Mr. Speaker, I rise today to lend my support to H.R. 2133. This 
legislation commemorates through the establishment of a commission the 
50th anniversary of the Brown v. Board of Education Supreme Court 
decision, which sparked the end of school segregation based on race in 
this country.
  It goes without saying that school segregation and desegregation were 
among America's most controversial social issues during the last half 
of the 20th century. Along with many Americans, I can clearly recall 
scenes of violence and upheaval that took place in the 1950s, 1960s and 
1970s in places as diverse as Boston and Little Rock as our Nation's 
public schools made the transition to integration.
  We have much to be thankful for as a result of the Supreme Court's 
decision some 50 years ago. Today our children and our children's 
children find themselves interacting daily in the school setting with 
other boys and girls of different colors and backgrounds, broadening 
their perspectives and expanding their horizons in ways that were not 
experienced by previous generations.
  Today we no longer see the blatant and blanket denial of educational 
opportunities to children based solely on the color of their skin. As a 
result of the Brown decision, we as a society no longer accept the 
flawed doctrine outlined in the earlier case of Plessy v. Ferguson that 
separate meant equal.
  These are all things that should be rightly celebrated and 
commemorated, but before we go patting ourselves on the back while 
claiming that education segregation is dead, we may first want to take 
a closer look at our public schools. What we will find is that, while 
race is no longer the basis for segregation in some States, 
homelessness is the basis for segregation. Some 47 years after the 
historic Brown v. Board of Education ruling, Congress may inadvertently 
be endorsing de facto segregation of homeless children.
  Mr. Speaker H.R. 1, passed in May by this body, contains a 
grandfather clause permitting school districts that currently receive 
Federal dollars that segregate homeless children in separate schools or 
classrooms may continue to do so. This is contrary to what the Federal 
law currently says. It is also contrary to the spirit of Brown v. Board 
of Education that we commemorate today.
  I am hopeful that this body will reconsider this provision in 
conference before we send it to the President for his signature. Now, 
that would be a fitting tribute to the decision made by the U.S. 
Supreme Court on May 17, 1954.
  Mr. Speaker, I congratulate the gentleman from Kansas (Mr. Ryun) on 
this legislation, and I yield back the balance of my time.
  Mr. DAVIS of Illinois. Mr. Speaker, I would like to associate myself 
with the remarks made by the gentlewoman from Illinois (Mrs. Biggert) 
regarding homelessness and homeless children and where they fit in the 
school systems that we have to today.
  Mr. Speaker, I yield the balance of my time to the gentlewoman from 
Ohio (Mrs. Jones).
  Mrs. JONES of Ohio. Mr. Speaker, first of all, I would like to 
commend my colleagues, the gentleman from Illinois (Mr. Davis) and the 
gentlewoman from Maryland (Mrs. Morella) for their work on this 
particular piece of legislation.
  Mr. Speaker, I rise today in support of this bill which would 
establish a commission to commemorate the 1954 Brown v. Board of 
Education decision. Back on May 17, 1954, the Supreme Court unanimously 
declared that separate educational facilities are inherently unequal 
and, therefore, violate the 14th amendment to the United States 
Constitution.
  Back on May 17, 1954, I was 5 years old, attending the Cleveland 
Public Schools, which, at that time, was one of the best public school 
systems in the Nation. I rise in support of this Commission and speak 
to the issue that, even though we have done a lot since Brown v. Board 
of Education, many of our school systems are still segregated. That 
school system that I loved and enjoyed as a child is now a 
predominantly African American school system; and the funding for 
schools, public schools is no longer as high or as good as it used to 
be back when I was in elementary school.
  On May 8 in Cleveland, however, we worked and passed a $3.7 million 
bond issue for school construction. It would raise $335 million, which 
would be matched by $500 million from the State of Ohio. They are 
greatly needed in the city of Cleveland, as I am confident they are 
needed across this country, to bring those crumbling public school 
systems and buildings back to the level that we wish that all of our 
children would enjoy in public schools.
  I thank my colleagues for giving me the chance to commemorate Brown 
v. Board of Education.
  Mrs. MORELLA. Mr. Speaker, I yield myself such time as I may consume.

[[Page H3641]]

  Mr. Speaker, the Court's opinion in Brown v. Board of Education has 
touched the lives of all of us. I urge all Members to support this 
legislation.
  I just want to comment on the fact that my first teaching assignment 
in Maryland was during the early transitional years of integration in 
Poolesville, Maryland.
  This year I delivered the high school commencement address at that 
same place, a caring community which has as its slogan, ``Where 
everyone knows your name.''
  My thanks to the gentleman from Illinois (Mr. Davis) for handling the 
important resolution across the aisle. I also want to thank the 
gentleman from Indiana (Mr. Burton), chairman of the Committee on 
Government Reform, the gentleman from Florida (Mr. Scarborough), 
Subcommittee on Civil Service chairman, the gentleman from California 
(Mr. Waxman), and the gentleman from Illinois (Mr. Davis), the ranking 
members respectively of the Committee on Government Reform and 
Oversight and Subcommittee on Civil Service, for expediting the 
consideration of this measure.
  Again, I encourage all Members to support this resolution.
  Mrs. MINK of Hawaii. Mr. Speaker, I rise in strong support for H.R. 
2133, which establishes a commission to encourage and provide for the 
commemoration of the 50th anniversary of the Supreme Court decision in 
Brown v. Board of Education of Topeka, Kansas. This unanimous landmark 
decision marked the beginning of the end for de jure racial segregation 
in public facilities. On May 17, 1954, the Supreme Court declared that 
separate educational facilities are inherently unequal and, as such, 
violate the 14th amendment to the U.S. Constitution, which guarantees 
all citizens equal protection of the laws.
  The Brown v. Board of Education 50th Anniversary Commission will work 
with the U.S. Department of Education to plan and coordinate public 
education activities and coordinate observances of the anniversary.
  It is important that we revisit our history to see how far our nation 
has evolved. I am sure that it is hard for young people today to 
believe that only 50 years ago children were prohibited from attending 
certain public schools simply because of their race. The blatant racism 
behind the disingenuous claim of providing ``separate but equal'' 
facilities for African American children was recognized and repudiated 
by the Supreme Court.
  The Supreme Court decision did not mean the end of segregation, 
however. Many states and localities continued to fight efforts to 
integrate the schools for many years. And today, economic inequalities 
mean that many of our schools remain effectively segregated. 
Nonetheless, Brown v. Board of Education was a major turning point in 
eliminating Jim Crow laws and practices that sought to marginalize and 
isolate minorities.
  It is fitting that our nation begin preparations to commemorate this 
important anniversary in 2004. We need to look back at where we 
started, celebrate the progress we have made thus far, and rededicate 
ourselves to creating that more perfect union that will truly deliver 
on the promise of equal opportunity for all Americans.
  Mr. WATTS of Oklahoma. Mr. Speaker, On May 17, 1954, in the landmark 
case aimed at ending segregation in public schools--Brown versus the 
Board of Education--the United States Supreme Court issued a unanimous 
decision that ``separate educational facilities are inherently 
unequal'', and as such, violate the 14th Amendment to the United States 
Constitution, which guarantees all citizens, ``equal protection of the 
laws.'' This decision effectively denied the legal basis for 
segregation in Kansas and other states with segregated classrooms and 
would forever change race relations in the United States.
  The United States Constitution guarantees liberty and equal 
opportunity to the people of the United States. Historically, however, 
these fundamental rights have not always been provided. America's 
educational system is one such example.
  In the early beginnings of U.S. history, education was withheld from 
people of Africa descent. In some states it was against the law for 
African Americans to even learn to read and write. Later, throughout 
America's history, the educational system mandated separate schools for 
children based solely on race. In many instances, the schools for 
African American children were substandard facilities with out-of-date 
textbooks and insufficient supplies.
  In an effort to ensure equal opportunities for all children, African 
American community leaders and organizations across the country 
utilized the court system in order to change the educational system. 
The Brown decision initiated educational reform throughout the United 
States and brought all Americans one step closer to attaining equal 
educational opportunities.
  As the great abolitionist and orator Frederick Douglas once said, 
some people know the value of an education because they have one, but I 
know the value of an education because I did not have one. Therefore, 
we must continue working to make sure that all of America's children 
receive the very best education imaginable.
  I urge all of my colleagues to join me today in supporting the 
establishment of a commission to encourage and provide for the 
commemoration of the 50th anniversary of the Brown versus Board of 
Education Supreme Court Court decision.
  Mrs. MORELLA. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Maryland (Mrs. Morella) that the House suspend the 
rules and pass the bill, H.R. 2133, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mrs. MORELLA. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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