[Congressional Record Volume 147, Number 116 (Monday, September 10, 2001)]
[House]
[Pages H5465-H5467]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        BROWN V. BOARD OF EDUCATION 50TH ANNIVERSARY COMMISSION

  Mr. TOM DAVIS of Virginia. Mr. Speaker, I move to suspend the rules 
and concur in the Senate amendments to 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.
  The Clerk read as follows:

       Senate amendments:
       Page 3, line 8, strike out ``Chair'' and insert ``one of 
     two Co-chairpersons''.
       Page 3, after line 8, insert:
       (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.
       Page 3, line 9, strike out ``(2)'' and insert ``(3)''.
       Page 3, strike out lines 11 to 22.
       Page 3, after line 22, insert:
       (A)(i) The Members of the Senate from each State described 
     in clause (iii) shall each submit the name of 1 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 5 individuals, 1 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 1 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 5 individuals, 1 from each 
     of the States described in subparagraph (A)(iii).
       Page 4, line 3, strike out ``(3)'' and insert ``(4)''.
       Page 4, line 6, strike out ``(4)'' and insert ``(5)''.
       Page 4, line 8, strike out ``(5)'' and insert ``(6)''.
       Page 4, line 10, strike out ``(6)'' and insert ``(7)''.
       Page 5, line 4, strike out ``the Chair'' and insert ``a Co-
     chairperson''.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Virginia (Mr. Tom Davis) and the gentleman from Texas (Mr. Turner) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Virginia (Mr. Tom Davis).


                             General Leave

  Mr. TOM DAVIS of Virginia. 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 bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.

[[Page H5466]]

  Mr. TOM DAVIS of Virginia. Mr. Speaker, I yield myself such time as I 
may consume.
  It is my pleasure to rise in support of H.R. 2133 introduced by the 
gentleman from Kansas (Mr. Ryun), which would establish a commission to 
commemorate the 50th anniversary of the Brown versus Board of Education 
decision. This bill passed the House on June 27, 2001, under suspension 
of the rules by a vote of 414 to 2 and passed the Senate on August 3 
with some amendments. These amendments change how the commission would 
be formed and who would make the recommendations for commission 
members.
  Mr. Speaker, May 17, 2004, will mark the 50th anniversary of this 
landmark U.S. Supreme Court decision. This legislation would establish 
a Federal commission to provide for and encourage the commemoration of 
that anniversary. The Brown decision, as studied in law schools across 
the United States, is remembered for its definite interpretation of the 
14th amendment to the United States Constitution. The 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.
  On a human level, the Brown decision has had a dramatic impact on 
families, communities, and governments by outlawing racial segregation, 
meaning an end to legal discrimination on any basis. Today, we take it 
as a given that, as the Court opined at that time, separate educational 
facilities are inherently unequal.
  Cheryl Brown Henderson, of the Brown Foundation, had the idea to 
establish a commission to prepare for the commemoration of the 50th 
anniversary of this decision. Seeing the educational value this 
commission would bring, my colleague, the gentleman from Kansas (Mr. 
Ryun), followed through with legislation to establish it. The 
commission would work in conjunction with the Department of Education 
to plan and coordinate public education activities and initiatives 
through its 10 regional offices. Activities such as public lectures, 
writing contests, and public awareness campaigns will be included.
  The commission is to be comprised of 22 members, including 
representatives from the Department of Education, the Department of 
Justice, the NAACP, the Judicial Branch, the Brown Foundation, and the 
Brown v. Board National Historic Site. In addition, Members of the 
Senate and House of Representatives from the States in which the 
lawsuits were originally filed, Delaware, Kansas, South Carolina, and 
Virginia, and from the State of the first legal challenge, 
Massachusetts, and the District of Columbia would recommend individuals 
to the Speaker of the House and minority leader and the majority and 
minority leader in the Senate for the commission.
  Ultimately, we hope that this commission will educate Americans about 
the far-reaching historical impact of this decision and what it has 
done for this country.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Kansas (Mr. Ryun), the sponsor of this bill, to speak on behalf of 
it.
  Mr. RYUN of Kansas. Mr. Speaker, I want to thank those in the House 
and the other body for their hard work in bringing this important bill 
to the floor today. I especially want to thank one of my constituents, 
Cheryl Brown Henderson, for being the catalyst in this effort to 
educate America on the Brown versus Board of Education Supreme Court 
decision.
  H.R. 2133 will establish a commission to help educate Americans on 
the history and ramifications of this landmark case in preparation for 
the 50th anniversary of the Brown decision. 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. This decision effectively ended the long-held ``separate but 
equal'' doctrine in U.S. education.
  The commission will work in conjunction with a number of different 
Departments, as my colleague just mentioned, the Department of 
Education, Judicial Branch, NAACP Legal Defense and Education 
Foundation, and the Brown Foundation. It will also have individuals 
chosen from the various States where this originated, such as in 
Delaware, Kansas, South Carolina, and Massachusetts will also serve on 
the commission. So it will be very far-reaching, but it is a great 
opportunity to bring all this before the American public.
  Establishing a commission will help educate the American public on 
this decision and will serve as a resounding reminder to all of us of 
the real struggle and sacrifice required to make equality a reality for 
all America.

                              {time}  1445

  We must not forget these sacrifices that were made in order for 
equality for all Americans.
  Mr. Speaker, I urge my colleagues to join me in honoring this 
historic and far-reaching Supreme Court decision by supporting H.R. 
2133.
  Mr. TURNER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 2133, the legislation to 
establish the Brown v. Board of Education 50th Anniversary Commission.
  I want to commend my friend and colleague, the gentleman from 
Chicago, Illinois (Mr. Davis) for his leadership in bringing this bill 
to the floor as the ranking member and co-sponsor of this bill.
  This commission, in conjunction with the Department of Education and 
the Department of Justice, is charged with planning and coordinating 
public educational activities, initiatives, writing contests, and 
public awareness campaigns regarding this anniversary of Brown v. the 
Board of Education.
  Under the bill, the commission will in cooperation with the Brown 
Foundation for Educational Equity, Excellence and Research, submit 
recommendations to the Congress to encourage, plan and develop the 
observances of the anniversary of Brown decision. The 50th anniversary 
of the Brown decision will take place on May 17, 2004. Brown v. the 
Board of Education is to be commemorated for what it did to address the 
disparities in the American educational system 47 years ago and to help 
remind us that there is much yet to be done to address the disparities 
that we struggle with even today.
  Education has always been the way up and the way out for America's 
youth. Equal educational opportunity is America's best hope for racial, 
social, and economic justice. It was because of this fact that 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. This is why also today parents all across 
America, particularly parents of children of color, are demanding that 
elected officials improve the quality and equality of America's 
schools.
  In 1997, we know that 93 percent of whites age 25 to 29 had attained 
a high school diploma or equivalency degree. In that same year, only 87 
percent of African-Americans had attained their high school diploma and 
just 63 percent of Hispanics. Among those who achieved a high school 
diploma, 37 percent of whites had completed a bachelor's degree at a 
college or university compared with only 16 percent of African-
Americans and 18 percent of Hispanics. Clearly the statistics revealed 
to us that we have not yet achieved the goals of Brown v. Board of 
Education.
  Given the increasing importance of skills in our labor market, these 
gaps in educational attainment translate into significant differences 
by race and ethnicity in eventual labor market outcomes, such as wages 
and employment.
  It is important to remember that the historic Brown v. Board of 
Education decision, which was announced in May of 1954 by Chief Justice 
Earl Warren, represented a significant change in our policy in our 
public schools that has meant much progress for those who were for many 
years segregated into substandard and unequal classrooms.
  Justice Warren, in that opinion, stated that public education was a 
right which must be made available to all on equal terms. I trust that 
this commission will remember those words when planning for the 
observances of the 50th anniversary of the Brown decision. I hope those 
words will remind all of us that we have yet to achieve the goals that 
were set forth in that historic opinion.
  Mr. Speaker, I urge all of my colleagues to join with me in 
supporting this very important piece of legislation.

[[Page H5467]]

  Mr. RANGEL. Mr. Speaker, I rise before you today in support of H.R. 
2133 which would establish a commission for the purpose of encouraging 
and providing for the commemoration of the 50th Anniversary on May 17, 
2004 of the Supreme Court's unanimous and landmark 1954 decision in 
Brown v. the Board of Education.
  While the 13th, 14th, and 15th Amendments to the Constitution 
outlawed slavery, guaranteed rights of citizenship to naturalized 
citizens and due process, equal protection and voting rights, nearly a 
century would pass before the last vestiges of ``legalized'' 
discrimination and inequality would be effectively revoked. The right 
of equal protection under the law for African-Americans was dealt a 
heavy blow with the Supreme Court's 1875 decision to uphold a lower 
court in Plessy v. Ferguson. The Plessy decision created the infamous 
``separate but equal'' doctrine that made segregation 
``constitutional'' for almost 80 years.
  It was not until the 1950's, when the NAACP defense team led by the 
Honorable Thurgood Marshall as general counsel, launched a national 
campaign to challenge segregation at the elementary school level that 
effective and lasting change was achieved. In five individually unique 
cases filed in four states and the District of Columbia, the NAACP 
defense team not only claimed that segregated schools told Black 
children they were inferior to White children, but that the ``separate 
by equal'' ruling in Plessy violated equal protection. Although all 
five lost in the lower courts, the U.S. Supreme Court accepted each 
case in turn, hearing them collectively in what became Brown v. Board 
of Education.
  The Brown decision brought a decisive end to segregation and 
discrimination in our public school systems, and gradually our 
national, cultural and social consciousness as well.
  The first, however, did not end there. We may have overcome 
segregation and racism, but now the fight is economic, one in which 
some of our schools are inferior to others because of inadequate 
funding, overcrowded classrooms, dilapidated school buildings and a 
nationwide lack of teachers. We only have to look at the high levels of 
crime, drug use, juvenile delinquency, teen pregnancy and unemployment 
to know the value of a good education. If Brown taught us anything, it 
is that without the proper educational tools, young people lose hope 
for the future.
  No one challenges the concept of investing in human capital, but it 
is a well-known fact that we spend ten times as much to incarcerate 
then we do to educate. If we can find the resources to fund a tax cut 
and for a U.S. prison system with nearly 2 million inmates, we can give 
our public schools the repairs and facilities they desperately need, we 
can reduce class sizes and provide adequate pay to attract the best and 
brightest into the teaching profession.
  I urge my colleagues here in the House to join me in remembering the 
lessons of Brown v. Board of Education when we consider our national 
priorities, by committing ourselves to addressing the unfulfilled 
promises of equality and opportunity contained in the Brown decision.
  Mr. TOM DAVIS of Virginia. Mr. Speaker, I have no further requests 
for time, and I yield back the balance of my time.
  Mr. TURNER. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Isakson). The question is on the motion 
offered by the gentleman from Virginia (Mr. Tom Davis) that the House 
suspend the rules and concur in the Senate amendments to the bill, H.R. 
2133.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate amendments were 
concurred in.
  A motion to reconsider was laid on the table.

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