[Congressional Record Volume 149, Number 33 (Monday, March 3, 2003)]
[Senate]
[Pages S3029-S3035]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. HOLLINGS (for himself, Mr. Graham of South Carolina, Mr.
Edwards, Mr. Miller, Mr. Lieberman, and Ms. Landrieu):
S. 498. A bill to authorize the President to posthumously award a
gold medal on behalf of Congress to Joseph A. DeLaine in recognition of
his contributions to the Nation; to the Committee on Banking, Housing,
and Urban Affairs.
Mr. HOLLINGS. Mr. President, I rise today to introduce legislation to
present Rev. Joseph A. De Laine the Congressional Gold Medal of Honor
for his heroic sacrifices to desegregate our public schools. His
crusade to break down barriers in education forever scarred his own
life, but led to the landmark Brown v. Board of Education case in 1954.
Eight years before Rosa Parks refused to move to the back of the bus,
Reverend De Laine, a minister and principal, organized African-American
parents to petition the Summerton, SC, school board for a bus and
gasoline so their children would not have to walk 10 miles to attend a
segregated school. A year later, in Briggs v. Elliot, the parents sued
to end segregation. It was a case that as a young lawyer I watched
Thurgood Marshall argue before the Supreme Court as one of the five
cases collectively known as Brown v. Board of Education. For this
Senator, their arguments helped to shape my view on racial matters.
For his efforts, Reverend De Laine was subjected to a reign of
domestic terrorism. He lost his job. He watched his church and home
burn. He was charged with assault and battery with intent to kill after
shots were fired at his home and he fired back to mark the car. He had
to leave South Carolina forever; relocate to New York, where he started
an AME Church, and he eventually retired in North Carolina. Not until
the year 2000, 26 years after his death and 45 years after the incident
in his home was Reverend De Laine cleared of all charges.
Last year, I spoke to the 100 descendants of Briggs v. Elliott, and I
ask unanimous consent that my remarks be printed in the Record, which
show the bravery of Reverend De Laine during a troubled time in our
Nation's past, and which point to the immeasurable benefits he has
given our Nation.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Briggs v. Elliott Descendants Re-Union Banquet, Summerton, South
Carolina, May 11, 2002
I want to give you an insight into exactly what happened to
your parents 50 years ago in Summerton, SC, that led to the
desegregation of our Nation's schools by the Supreme Court of
the United States.
I speak with some trepidation, because right now I can see
Harry Briggs' son walking down that dirt road all the way
here to Scotts Branch School, and that school bus passing,
all for the white children. Yet all your families were asking
for was a bus. But they were told: ``you don't pay any taxes,
so how can you ask for a bus?'' What they didn't say is you
didn't have a job, whereby you could make a living and be
able to pay the taxes. They didn't say that.
I think of the threats, the burnings, the shooting up of
Reverend John De Laine's home. I think about how they turned
him into a fugitive. He had to leave his home in South
Carolina, never to return. Harry Briggs had to leave his home
and go to Florida to earn a living. It's not for me to tell
the descendants of the Briggs v. Elliott case how they have
suffered.
I didn't try this case, don't misunderstand me. My
beginnings with Briggs v. Elliott started in 1948 when I was
elected to the House of Representatives in Columbia.
The previous year James Hinton, the head of the NAACP in
the State gave a speech in Columbia. He talked about the need
to get separate but equal facilities. He got Rev. De Laine
from Summerton in the audience all fired up. Rev. De Laine,
who was the principal here, put together a petition signed by
20 parents, of 46 children, the Summerton 66.
I'll never forget the day after I was sworn into the
Legislature the superintendent of schools in Charleston
County took me across the Cooper River Bridge, down the
Mathis Ferry Road, to the Freedom School, the black school.
He said I want to show you what we really do, he used the
word at that time, ``for a Negro education.''
This was a cold November Day, and we went into a big one-
room building. That's all they had, one room, with a pot
belly stove in the middle. They had a class in this corner, a
class in that back corner, a class up front in this corner,
and a class here. Of course, they didn't have any desks, and
very few books, and one teacher teaching the four classes.
When I went to Columbia I was with a bunch of rebels. I
introduced an anti-lynching bill. I had never heard of
lynchings down in Charleston, but then they had one. As we
debated the bill, a fellow who was the grand dragon of the
Klan got up with all these Klansmen in the Gallery, and he
mumbled and raised cane. Speaker Blott got some order. But
several House members walked out. They said they wouldn't be
seated in the Legislature with a fellow like that. We passed
the anti-lynching bill.
I'm trying to give you this background, so you'll
understand the significance of what your parents did. We had
just had the case, whereby blacks could participate in the
Democratic primary. And we had just given women the right to
vote.
And in 1949 and 1950, I struggled because there was no
money in the state for separate but equal schools, or
anything else. I said we ought to put in a 3 percent sales
tax to pay for things. Governor Thurmond opposed it, and the
senators particularly opposed it. But I made the motion for a
one-cent tax on cigarettes; a one-cent tax on gasoline; and a
one-cent tax on beer. Beer, cigarettes, and gasoline.
We formed a House Committee with six of us to work on it.
We worked all summer. It's a long story, but let me cut it
and say by December we had it all written. I knew the
incoming governor, Governor Byrnes. I felt it would be good
to ask him to see if he could help me with this measure.
The second week in January, before he was sworn in, he
called me and said: ``You've got to come to Columbia, I'm
going to include this in my Inaugural address.'' Over time, I
made 79 talks on the proposal, until we finally passed the
sales tax, which provided some money for separate but equal
schools.
When the Briggs v. Elliott case came up, before Judge
Waring in Charleston, he questioned separate but equal. Then
in December 1952, the case went to the Supreme Court.
Governor Byrnes had served on the State Supreme Court, and he
wanted to make sure we won the case. In my mind, he was
absolutely sure that under Chief Justice Vinson the State
would win it.
[[Page S3030]]
But to make sure, he set aside Mr. Bob McC. Figg, who had
done all the work, and selected John W. Davis, as the
attorney for South Carolina against Thurgood Marshall, who
was representing Briggs and the NAACP. Mr. Davis had been the
Solicitor General of the United States. He had been the
Democratic nominee for president in 1924. He was considered
the greatest constitutional mind in the country.
The second thing the Governor did was to call me up and
say: ``I'm appointing you to go to Washington, because you
know intimately this law here that built the schools. You
have to go to Washington in case any questions of fact come
up.''
So we took a train to Washington. We came in at 6 o'clock
that morning at Union Station, and we sat down for breakfast.
I'll never forget it, because Thurgood Marshall walked in. He
and Bob McC. Figg had become real close friends. So he sat
down and was eating breakfast with us, and we began swapping
stories.
Mr. Marshall said ``Bob, you know that black family that
moved into that white neighborhood in Cicero, IL. They have
so much trouble. There are riots, and everything else going
on.'' And he said: ``Don't tell anybody, but I got hold of
Governor Adlai Stevenson.'' Stevenson was the governor of
Illinois at the time. And he said: ``I sent that family back
to Mississippi for safe keeping.'' And Thurgood added, ``for
God's sake, don't tell anybody that or it will ruin me.'' I
said: ``for God's sake, don't tell anybody I'm eating
breakfast with you, or I will never get elected again.''
I tell you that story so you can get a feel for 1952, for
what it was like 50 years ago.
We had wanted Briggs to be the lead case before the Supreme
Court. It was one of five cases that they would hear
collectively. But soon after our breakfast, we found out that
Roy Wilkens from the NAACP had gotten together with the
Solicitor General and moved the Kansas case in front of the
South Carolina case. Some reports said the reason was because
they wanted a northern case. That was not it. There was
another case from the State of Delaware, which was just as
north as the State of Kansas.
Kansas was selected because up until the sixth grade, yes,
it was segregated. But thereafter it was a local option, and
the schools were mostly integrated.
Before the court John W. Davis obviously made a very
impassioned, constitutional argument. But Thurgood Marshall
made the real argument, there wasn't any question about it.
He had been with this case. He had the feel, and everything
else of that kind.
I can still hear and see Justice Frankfurter on the Court
leaning over and saying, ``Mr. Marshall, Mr. Marshall, you've
won your case, you've won your case. What happens next''? And
Thurgood Marshall said, well, if he prevails, then the state
imposed policy of separation by race would be removed. The
little children can go to the school of their choice. They
play together before they go to school. They come back and
play together after school. Now they can be together at
school. The State imposed policy of separation by race in
South Carolina would be gone.
Another lawyer arguing the case was George E. C. Hayes, and
when I heard him that was my epiphany. Mr. Hayes got everyone
because he used a jury argument before the Supreme Court. He
said: as black soldiers we went to the war to fight on the
front lines in Europe, and when we come home we have to sit
on the back of the bus.
I had been with the 9th Anti-Artillery Aircraft unit in
Tunisia in Africa for a month. And then I was in Italy and
Germany and crossed over to what is now Kosovo. So I served.
I knew exactly what he was talking about. And I said this is
wrong.
The next year Chief Justice Vinson died. It was reported at
that time that Justice Frankfurter said for the first time
that he believed there was a God in Heaven when Vinson passed
away. They appointed Mr. Earl Warren as Chief Justice, who
dragged everybody back to the Court to re-argue the case in
December of 1953. He didn't want to hear about separate but
equal. He wanted the case re-argued on the constitutionality
of segregation itself.
Then on May 17, 1953 the decision came down, it was
unanimous, segregation was over in this country. So the
lawyers immediately got together to discuss how to implement
the decision. Since the decision said to integrate schools
with all deliberate speed, there was arguments back and forth
on how we could comply with this order with all deliberate
speed and not start chaos all over the land.
Some school authority down in Charleston came up with the
idea that with all deliberate speed meant we would integrate
the first grade the first year; we would integrate the first
and second grades the second year; the third year would be
the first, second, and third grades. Over a 12-year period,
we would then have the 12 grades integrated. When the head of
the NAACP in New York heard that he said: ``Noooo Way. We are
not going to be given our constitutional rights on the
installment plan.'' And that ended that. But nothing was done
for about 10 years, until Martin Luther King came along.
When I became Governor, I started working on other areas
that needed to be integrated, beginning with law enforcement.
I'll never forget all the white sheriffs who were against all
the blacks. We only had 34 black sheriffs. We have about 500
today.
And we literally broke up and locked up the Ku Klux Klan. I
remember on the day I was sworn in as Governor, waiting for
me was a green and gold embossed envelope, with a lifetime
membership into the Ku Klux Klan. I never heard of such a
thing. I asked the head of law enforcement, do we have the Ku
Klux Klan in South Carolina? He said, ``Ohhh yes. We have
1,727 members.'' I asked, you have an actual count? And he
said: ``Ohhh yes, we keep a count of them.'' He said he could
get rid of them, but no Governor had helped him in the past.
I said, I'll help you. What do we do? He said: ``I need a
little money.''
So we infiltrated the Klan, and the members began to know,
or their bosses at businesses knew because they would say to
these people: ``You know on Friday night, your man, so and
so, has been going to these rallies.'' The next thing you
know, they quit going to the rallies. So by the time we
integrated Clemson with Harvey Gantt, it went very, very
peacefully. And there were less than 300 Klansmen.
Then, of course, as Senator I took my hunger trips. This is
the effect those arguments before the court had on me. I took
those trips with the NAACP to 16 different counties. As a
result, we embellished the food stamp program, we instituted
the women infants and children's feeding program, and the
school lunch program. The attendance in schools went way up
when we started that.
As your Senator I had the privilege of employing Ralph
Everett. He was the first black staff director of any
committee in the United States Senate.
We have both Andy Chishom and Israel Brooks as the first
black Marshalls of South Carolina. Matthew Perry, the first
black district judge of a Federal court ever appointed, I
appointed. The first black woman judge to the Federal
district court, Margaret Seymour, I appointed her. So we have
made a lot of progress along that line.
But to give you a feel for how things have changed, I
remember speaking at the C.A. Johnson High School in
Columbia, the largest black high school in the entire state,
the day after Martin Luther King was assassinated.
At the event, there was a mid-shipman, a senior at the
Naval Academy, who stood up and made one of the finest talks
I ever heard. I turned to the principal, because it was his
son, and I asked: who appointed your son to the Naval
Academy? He didn't answer. We walked down the row, and I can
see me now, asking him again. He still didn't answer. When I
got to my car, I said evidently you don't understand my
accent from Charleston. Who appointed your son to the U.S.
Naval Academy? He said, ``Senator, I didn't want to have to
answer that question. We couldn't get a member of the South
Carolina delegation to appoint him. Hubert Humphrey appointed
him.''
What goes around, comes around. Today, I have more minority
appointments to West Point, Annapolis, and the Air Force
Academies than anybody. Recently I had Chuck Bolden, who is a
major general in the marine corps and a former astronaut,
ready to return to NASA as the number two person there. But
the Pentagon raised the question about taking such a talent
during a time of war and moving him to the civilian space
program. So we said the heck with it, he's too needed in the
military.
That is the effect Briggs v. Elliott had on this public
servant. There isn't any question that without the courage of
your parents, our society would be a lot worse off today.
I was there a few years back when the Congress of the
United States gave the Congressional Gold Medal to Rosa
Parks. She deserved it, and we wouldn't take anything from
her for not moving her seat. But in the 1950s the worst they
could have done to her was to pull her off the bus. These
descendants lost their homes. They lost their livelihoods.
They almost lost their lives. As far as continuing their life
in the State of South Carolina, they could not do it.
Without their courage, without their stamina, without their
example in starting the Briggs v. Elliott case, we never
would have had a civil rights act. We never would have had a
voting rights act. We never would have had all the progress
we've made over the many, many years.
So I wanted particularly to come back and to publicly thank
each of you descendants. And I want to announce that I am
putting forward a bill that would honor posthumously Rev. De
Laine with a Congressional Gold Medal.
I need 66 co-sponsors in the Senate. We have to have
similar support on the House side. But Cong. Clyburn, he can
get way more votes than I can. I don't think he'll have any
trouble. We'll try to work it out so that in '04, the 50th
anniversary of when the decision came down, we'll be able to
make that presentation.
I just want to end by saying because of the courage of your
parents, we made far more progress in the United States of
America. Our country is a far stronger country. We are more
than ever the land of the free and the home of the brave
because of Briggs v. Elliott. And I thank you all very, very
much.
______
By Ms. LANDRIEU (for herself and Mr. Breaux):
S. 499. A bill to authorize the American Battle Monuments Commission
to establish in the State of Louisiana a memorial to honor the Buffalo
Soldiers; to the Committee on Energy and Natural Resources.
Ms. LANDRIEU. Mr. President, 137 years ago, before the term homeland
[[Page S3031]]
security was even coined, a group of men devoted themselves to securing
the frontiers of this Nation. They protected Americans in their homes;
they deterred hostile invaders, and they secured the blessings of
liberty for a young country. Even more remarkable, they secured these
blessings for others, while they could not fully enjoy them themselves.
I am referring to the Buffalo Soldiers. These brave men instituted a
tradition of professional military service for African Americans that
spans the greater part of American history. African American military
service is as old as our Nation. There were black soldiers during the
Revolution, a unit of free black men played a pivotal role in the
Battle of New Orleans, and the exploits of African Americans during the
Civil War have been captured in novels and on film. However, it was not
until the Army Reorganization Act of 1866 that soldiering and service
to country became a realistic option for African Americans seeking to
improve their quality of life. In so doing, they raised the bar of
freedom, and revealed the injustice of preventing the defenders of
democracy from fully participating in it.
The city of New Orleans, and the State of Louisiana have a rich
history. They have given more than their fair share of sons to the
service of our Nation. Much of this history is commemorated throughout
the State. Yet, these great sons of New Orleans remain unacknowledged
in their home. For in Louisiana's great military tradition, surely two
of its greatest military contributions were the 9th Cavalry Regiment
and the 25th Infantry Regiment.
These two forces, recruited and organized in New Orleans, represent
half of all the units of Buffalo Soldiers. The 9th Cavalry alone
constituted 10 percent of all the American cavalry. Their list of
adversaries reads like a who's who of the Old West--Geronimo, Sitting
Bull, Pancho Villa. In movies, when settlers encounter Apaches, the
cavalry always comes to the rescue. Yet how many times were the cavalry
that rode over the horizon African American? Of course, the reality is
that the Buffalo Soldiers comprised some of our Nation's most capable
and loyal troops. Despite suffering the worst deprivations known to any
American soldiers of the period, they had the lowest desertion rates in
the Army. The 9th Cavalry was awarded 10 Congressional Medals of Honor,
including a native Louisianan, SGT. Emanuel Stance--a farmer from
Carrol Parish.
For these reasons, I am offering legislation that would authorize the
creation of a suitable memorial in New Orleans for these gallant
soldiers. There is an excellent statue to the Buffalo Soldiers at Fort
Leavenworth, KS. It commemorates the 10th Cavalry Regiment stationed
there. However, I believe that these men deserve to be recognized in
their home city.
Furthermore, it should be in a location where thousands of visitors
will have the opportunity to come to appreciate the legacy of the
Buffalo Soldiers. I believe that the city of New Orleans is the perfect
location.
Mr. President, we have made a number of changes to this legislation
after consultations with the American Battle Monuments Commission. I
believe these changes should address any concerns that they have
expressed. Furthermore, we have an able and dedicated organization of
individuals in the State who desperately want to see this project to
completion. Last year, I had the pleasure of being in New Orleans with
another of this Nation's great military heroes, Senator Daniel Inouye.
We addressed a group of distinguished veterans from all around the
State. Among them was George Jones, President of the Greater New
Orleans Chapter of the Buffalo Soldiers Association. They have been
working with Eddie Dixon, the artist for the beautiful Fort Leavenworth
statue, to develop an appropriate memorial in the city of New Orleans
for over a decade. This bill will fulfill that noble ambition.
Mr. President, this Nation has sadly found the need to say thank you
to its service men and women after the fact on more than one occasion.
Unfortunately, this is another. We are fortunate to have living
memories of the 9th and 10th Cavalry Regiments today. The regiments
were not disbanded until the conclusion of World War II, where they
served with distinction. We should take this opportunity to honor these
veterans, and in so doing, honor the principles of liberty, freedom and
democracy for which they fought and sacrificed. They have given so much
to their Nation, we owe them this public expression of gratitude.
Mr. President, I ask unanimous consent that these remarks appear in
the Record, contiguous to the introduced bill and that the bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 499
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Buffalo Soldier
Commemoration Act of 2003''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the 9th and 10th Cavalry regiments and the 24th and
25th Infantry regiments, comprised of African-American
soldiers referred to as ``Buffalo Soldiers'', performed
outstanding service to the United States during--
(A) the Indian Wars;
(B) the Spanish-American War;
(C) the Philippine Insurrection; and
(D) the raids against Poncho Villa;
(2) in recognition of the contributions of the Buffalo
Soldiers to the defense of the United States, soldiers in the
9th and 10th Cavalry regiments were awarded 20 individual
Congressional Medals of Honor;
(3) the Buffalo Soldiers established a rich tradition of
professional African-American soldiers in the United States
Army by granting a commission--
(A) in the 10th Cavalry regiment, to the first African-
American professional officer; and
(B) in the 9th Cavalry regiment, to the first African-
American graduates of West Point;
(4) while the Buffalo Soldiers served the United States
with bravery and fortitude in the harshest environments and
under the most difficult conditions, the service of the
Buffalo Soldiers has not been sufficiently memorialized;
(5) the Buffalo Soldiers remain emblems of the work of free
men in defense of the United States and should be recognized
for their contributions; and
(6) because 2 of the 4 African-American regiments were
organized in the State of Louisiana and were initially
comprised of recruits from the city of New Orleans, the State
of Louisiana is an appropriate place to establish a memorial
to recognize the contributions of the Buffalo Soldiers.
SEC. 3. DEFINITIONS.
In this Act:
(1) Buffalo soldier.--The term ``Buffalo Soldier'' means an
African-American soldier that served in--
(A) the 9th Cavalry regiment;
(B) the 10th Cavalry regiment;
(C) the 24th infantry regiment; or
(D) the 25th infantry regiment.
(2) City.--The term ``city'' means the city of New Orleans,
Louisiana.
(3) Commission.--The term ``Commission'' means the American
Battle Monuments Commission.
(4) Fund.--The term ``Fund'' means the Buffalo Soldier
Memorial Fund established by section 5(a).
(5) Memorial.--The term ``memorial'' means the memorial
established under section 4(a).
(6) Museum.--The term ``museum'' means the Louisiana State
Museum in the State.
(7) State.--The term ``State'' means the State of
Louisiana.
SEC. 4. ESTABLISHMENT OF MEMORIAL.
(a) In General.--The Commission may establish a memorial to
honor the Buffalo Soldiers--
(1) on Federal land in the city or its environs; or
(2) on land donated by the city or the State.
(b) Contributions.--The Commission shall solicit and accept
contributions sufficient for the construction and maintenance
of the memorial.
(c) Mail.--The Commission shall be considered to qualify
for the rates of postage currently in effect under former
section 4452 of title 39, United States Code, for third-class
mail matter mailed by a qualified nonprofit organization with
respect to official mail sent in carrying out this section.
(d) Voluntary Services.--
(1) In general.--Notwithstanding section 1342 of title 31,
United States Code, the Commission may accept from any person
voluntary services provided in furtherance of fundraising
activities of the Commission relating to the memorial.
(2) Treatment of volunteers.--
(A) In general.--Subject to subparagraph (B), a person that
provides voluntary services under this subsection--
(i) shall be considered to be a Federal employee for the
purposes of chapter 81 of title 5 and chapter 171 of title
28, United States Code; but
(ii) shall not be considered to be a Federal employee for
any other purpose by reason of the provision of the voluntary
service.
[[Page S3032]]
(B) Certain responsibilities.--A person described in
subparagraph (A) that is assigned responsibility for the
handling of funds or the carrying out of a Federal function
shall be subject to--
(i) section 208 of title 18, United States Code; and
(ii) part 2635 of title 5, Code of Federal Regulations (or
any successor regulation).
(3) Reimbursement.--The Commission may--
(A) identify types of incidental expenses incurred by a
person providing voluntary services under this subsection for
which the person may be reimbursed; and
(B) provide for reimbursement of those expenses.
(4) No effect on federal employees.--Nothing in this
subsection--
(A) requires any Federal employee to work without
compensation; or
(B) permits the use of volunteer services to displace or
replace any services provided by a Federal employee.
(e) Treatment of Certain Contracts.--A contract entered
into by the Commission for the design or construction of the
memorial shall not be considered to be a funding agreement
for the purpose of chapter 18 of title 35, United States
Code.
(f) Legal Representation.--
(1) In general.--The Attorney General shall provide the
Commission such legal representation as the Commission
requires to carry out subsection (e).
(2) Patent and trademark representation.--The Secretary of
Defense shall provide representation for the Commission in
any administrative proceeding before the Patent and Trademark
Office and Copyright Office.
(g) Irrevocability of Transfers of Copyrights to
Commission.--Section 203 of title 17, United States Code,
shall not apply to any copyright transferred to the
Commission.
(h) Participation in Combined Federal Campaign.--The
Director of the Office of Personnel Management shall include
the Commission on the list of agencies eligible for
participation in each Combined Federal Campaign carried out
the Executive Branch under Executive Order No. 10927 (March
18, 1961), until such time as the Commission certifies to the
Director of the Office of Personnel Management that
fundraising for the memorial is concluded.
SEC. 5. MEMORIAL FUND.
(a) Establishment.--There is established in the Treasury a
fund to be used by the Commission to pay the expenses
incurred in establishing the memorial, to be known as the
``Buffalo Soldier Memorial Fund''.
(b) Deposits in the Fund.--The Commission shall deposit in
the Fund--
(1) amounts accepted by the Commission under section 4(b);
and
(2) interest and proceeds credited to the Fund under
subsection (d).
(c) Investment of Amounts.--The Secretary of the Treasury
shall invest such portion of the Fund that is not, in the
judgment of the Chairman of the Commission, required to meet
current withdrawals. Investments may be made only in--
(1) an interest-bearing obligation of the United States; or
(2) an obligation guaranteed as to principal and interest
by the United States that the Chairman of the Commission
determines has a maturity suitable for the Fund.
(d) Credits to Fund.--The interest on, and proceeds from
sale or redemption of, obligations held in the Fund shall be
credited to the Fund.
(e) Use of Fund.--Amounts in the Fund shall be available--
(1) to the Commission--
(A) to pay expenses incurred in establishing the memorial;
and
(B) to secure, obtain, register, enforce, protect, and
license any mark, copyright, or patent that is owned by,
assigned to, licensed to the Commission to aid or facilitate
the construction of the memorial; and
(2) to the Commission, or to another agency or entity to
which the amounts are transferred under subsection (f)--
(A) for the maintenance and upkeep of the memorial; and
(B) after establishment of the memorial, for such other
expenses relating to the memorial as the Commission, agency,
or entity considers to be necessary.
(f) Transfer of Amounts in Fund.--Amounts in the Fund may
be transferred by the Commission to an agency or entity to
which title to the memorial is transferred under section 6.
SEC. 6. TRANSFER OF POSSESSION AND AUTHORITY FOR MEMORIAL.
On or after the date that is 1 year after the date of
establishment of the memorial, the Commission may transfer
any amounts remaining in the Fund, and title to and
responsibility for future operation and maintenance of the
memorial, to, at the option of the Commission--
(1) the National Park Service; or
(2) another appropriate governmental agency or other entity
(such as a State or local government agency, or a nonprofit
corporation that applies to the Commission to take title to
the memorial) that is an organization described in section
170(c) of the Internal Revenue Code of 1986.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this Act.
______
By Mr. GRASSLEY (for himself, Mr. Cochran, Mr. Baucus, Mr.
DeWine, Mr. Johnson, and Ms. Snowe):
S. 501. A bill to provide a grant program for gifted and talented
students, and for other purposes; to the Committee on Health,
Education, Labor, and Pensions.
Mr. GRASSLEY. Mr. President, today I am reintroducing legislation
intended to help states address the educational needs of gifted and
talented students. There are approximately 3 million children in the
United States who are considered gifted and talented. It is important
to note that gifted and talented children are not simply the kids who
do well in school and get good grades. In fact, not all gifted students
get good grades and not all students who get straight A's are
necessarily gifted learners. What makes a child gifted and talented is
how he or she learns. Gifted and talented children actually look at the
world differently and often have a different way of interacting
socially. As a result, gifted and talented students have different
educational needs than other students.
I am reminded of an example from my home state of Iowa. I have
learned of a third grade student from Iowa City named Jose. Jose was
having trouble in school. He didn't always complete his assignments and
he had trouble paying attention in class. He was also a bit of a loner
and didn't interact much with his classmates. As a result, his teacher
saw him as a problem student and struggled to get him to behave like
the other children. Still, it was clear to Jose's parents that he had a
hunger to learn. He loved to go to the library and was very
inquisitive. Over the summer, Jose's parents had his IQ tested and he
was found to have a high level of intelligence. As a result, when he
started school again in the fall, his parents asked that he be
identified as gifted and receive services. Jose now leaves his regular
classroom a couple of times a week for what Iowa City schools call the
``extended learning program.'' As a result, he is finally receiving the
stimulation he was lacking at school. Jose now enjoys school more, has
made new friends, and is doing great with his regular school work.
Gifted and talented children have enormous potential. Today's gifted
and talented child may grow up to become a leader in the field of
science or a world-renowned performer. However, this will not happen
automatically. Gifted and talented children need to be challenged and
their unique skills must be nurtured. Currently, many gifted and
talented children do not receive the educational programs and services
they need to live up to their potential. In fact, many gifted and
talented children lose interest in school; they learn how to expend
minimum effort for top grades, have low motivation, and develop poor
work habits. Some may abandon their education altogether and drop out
of school. This is a tragedy not only for the students, but also for
our society.
We hear a lot about how the United States has a shortage of
individuals with the skills in math and science that are necessary for
our Nation to continue to be competitive in today's global economy. Our
security agencies are scrambling to find linguists who know or can
quickly learn foreign languages. In fact, one of the findings included
in my bill states, ``To meet the future economic and national security
needs of the United States, it is important that more students achieve
to higher levels, and that highly capable students receive an education
that prepares them to perform the most highly innovative and creative
work that is necessary to secure our Nation's position in the world.''
In times of national crisis or uncertainty, the United States has
always turned to its best and brightest to solve whatever problems face
us. The launch of Sputnik by the Soviet Union brought to national
attention for the first time the need to develop the special gifts and
talents of young Americans. Once again, we find ourselves in a time of
uncertainty, facing new threats and challenges that we are struggling
to understand. In order to ensure that our country is prepared to face
whatever unforeseen problems will come our way in the future, we must
invest now in this vital national resource, gifted students.
[[Page S3033]]
My legislation is not intended to make the education of gifted and
talented students primarily a Federal responsibility. Education is, and
should be, chiefly a State and local responsibility. Nevertheless, the
Federal Government does have a role to play. The availability and
quality of gifted and talented educational services currently varies
widely from State to State. This situation has an especially adverse
effect on disadvantaged gifted students whose parents cannot afford to
pay for private programs or summer camps. Untimately, gifted and
talented students in every public school should have access to
specialized educational services that are designed to address their
learning needs. Still, my bill would simply provide the seed money to
help States begin to expand the availability of gifted education
services.
My gifted and talented initiative would distribute grants, based on a
State's student population, to each State education agency. States will
then provide grants to local school districts on a competitive basis to
be used to identify and provide educational services to gifted and
talented students from all economic, ethnic, and racial backgrounds,
including students with limited English proficiency and students with
disabilities. Rather than providing a steady Federal funding stream
directly to the local level, on which schools might become dependent,
the competitive subgrants will allow States to target school districts
that need to jump-start their gifted and talented program. At the same
time, the local competitive grant process will encourage State
education agencies to more closely examine the needs of gifted children
in their respective States.
At least 90 percent of the funds provided to a State must be
subgranted to school districts and the funds must supplement, not
supplant, funds currently being spent. Additionally, States must make
their own commitment to gifted and talented students by matching 10
percent of the Federal funds, either in cash or in kind. All of this is
intended to help gifted and talents programs and services take root in
each State and in local school districts so that they can grow and
develop to fully address the unique educational needs of this special
group of students.
I have intentionally included a broad range of authorized uses for
the grants in my bill in order to allow States and local school
districts the flexibility to address their specific needs. School
districts can use these funds to provide professional development for
personnel involved in the education of gifted and talented students,
including gifted education teachers, general education teachers, and
other school personnel like administrators and school counselors. The
funds can also be used to provide direct educational services and
materials. Or, school districts could use the funds to support items
like innovative strategies for teaching gifted students, making
materials available through regional centers, or providing high-level
course work through distance learning technology.
The Federal involvement in gifted and talented education is not new.
The Javits Gifted and Talented Students Education Act has provided
valuable information on strategies to meet the needs of gifted students
since 1988 through the funding of demonstration grants and the National
Research Center on the Gifted and Talented. In the No Child Left Behind
Act of 2001, Congress expanded the Javits Act to authorize competitive
grants to States to expand the capacity of States to meet the needs of
gifted students. These new grants represent some potential to improve
the ability of select States to address the needs of gifted and
talented children, and I am pleased with the progress we have been able
to make thus far. My legislation would build on the existing Javits Act
to create a comprehensive approach to expanding the ability of States
and school districts nationwide to meet the needs of gifted and
talented students.
Congress has rightly placed a renewed emphasis on making sure all
children are successful learners. In our efforts to leave no child
behind, we must not forget gifted and talented students. I would remind
my colleagues of the example I cited earlier. Jose is a success story
because his parents saw his potential and pointed it out to school
officials, and because he attended a school where quality gifted
education services are available. There are many more students like
Jose across the country who have either not been identified as gifted
or who attend a school where gifted education services are not
provided. I would urge my colleagues to join me in seeing that these
exceptional young people across our great Nation have the support and
services they need to be successful. I ask for your support for the
Gifted and Talented Students Education Act of 2003.
I ask unanimous consent that the text of my bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 501
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. GRANT PROGRAM FOR GIFTED AND TALENTED STUDENTS.
(a) Short Title.--This Act may be cited as the ``Gifted and
Talented Students Education Act of 2003''.
(b) Amendment.--Subpart 6 of part D of title V of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7253 et seq.) is amended by adding at the end the following:
``Chapter B--Grant Program For Gifted and Talented Students
``SEC. 5467. FINDINGS; ESTABLISHMENT OF PROGRAM; AUTHORIZED
ACTIVITIES.
``(a) Findings.--Congress makes the following findings:
``(1) Gifted and talented students give evidence of high
performance capability in specific academic fields, or in
areas such as intellectual, creative, artistic, or leadership
capacity, and require services or activities not ordinarily
provided by a school in order to fully develop such
capabilities. Gifted and talented students are from all
cultural, racial, and ethnic backgrounds, and socioeconomic
groups. Some such students have disabilities and for some,
English is not their first language. Many students from such
diverse backgrounds have been historically underrepresented
in gifted education programs.
``(2) Elementary school students who are gifted and
talented have already mastered 35 to 50 percent of the
material covered in a school year in several subject areas
before the school year begins.
``(3) Elementary school and secondary school teachers have
students in their classrooms with a wide variety of traits,
characteristics, and needs. Most teachers receive some
training to meet the needs of these students, such as
students with limited English proficiency, students with
disabilities, and students from diverse cultural and racial
backgrounds. However, most teachers do not receive training
on meeting the needs of students who are gifted and talented.
``(4) While the families or communities of some gifted
students can provide private programs with appropriately
trained staff to supplement public educational offerings,
most high-ability students, especially those from inner
cities, rural communities, or low-income families, must rely
on the services and personnel provided by public schools.
Therefore, gifted education programs, provided by qualified
professionals in the public schools, are needed to provide
equal educational opportunities.
``(5) Parents and families are essential partners to
schools in developing appropriate educational services for
gifted and talented students. They need access to
information, research, and support regarding the
characteristics of gifted children and their educational, and
social and emotional needs, as well as information on
available strategies and resources for education in State and
local communities.
``(6) There currently is no Federal requirement to identify
or serve the Nation's approximately 3,000,000 gifted and
talented students.
``(7) While some States and local educational agencies
allocate resources to educate gifted and talented students,
others do not. Additionally, State laws, and State and local
funding, identification, and accountability mechanisms vary
widely, resulting in a vast disparity of services for this
special-needs population.
``(8) To meet the future economic and national security
needs of the United States, it is important that more
students achieve to higher levels, and that highly capable
students receive an education that prepares them to perform
the most highly innovative and creative work that is
necessary to secure our Nation's position in the world.
``(9) The performance of twelfth-grade advanced students in
the United States on the Third International Mathematics and
Science Study (TIMSS) was among the lowest in the world. In
each of 5 physics content areas in the study and in each of 3
mathematics content areas in the study, the performance of
physics and advanced mathematics students in the United
States was among the lowest of the participating countries.
``(10) In 1990, fewer than 2 cents out of every $100 spent
on elementary and secondary education in the United States
was
[[Page S3034]]
devoted to providing challenging programming for the Nation's
gifted and talented students.
``(b) Program Authorized.--
``(1) Competitive grants to states.--If the amount
appropriated under section 5468 for a fiscal year is greater
than $7,500,000 but less than $57,500,000, then the Secretary
may use such amount to award grants, on a competitive basis,
to State educational agencies to enable the State educational
agencies to award grants to local educational agencies under
section 5467C for developing or expanding gifted and talented
education programs, and providing direct educational services
and materials.
``(2) Formula grants to states.--If the amount appropriated
under section 5468 for a fiscal year equals or exceeds
$57,500,000, then the Secretary may use such amount to award
grants to State educational agencies, from allotments under
section 5467B, to enable the State educational agencies to
award grants to local educational agencies under section
5467C for developing or expanding gifted and talented
education programs, and providing direct educational services
and materials.
``(c) Authorized Activities.--Grant funds provided under
this chapter shall be used to carry out 1 or more of the
following activities:
``(1) Any activity described in paragraph (2), (4), (6), or
(7) of section 5464(b).
``(2) Providing direct educational services and materials
to gifted and talented students, which may include curriculum
compacting, modified or adapted curriculum, acceleration,
independent study, and dual enrollment.
``(d) Limitations on Use of Funds.--
``(1) Course work provided through emerging technologies.--
Grant funds provided under this chapter that are used for
activities described in section 5464(b)(7) may include
development of curriculum packages, compensation of distance-
learning educators, or other relevant activities, but grant
funds provided under this chapter may not be used for the
purchase or upgrading of technological hardware.
``(2) State use of funds.--
``(A) In general.--A State educational agency receiving a
grant under this chapter may not use more than 10 percent of
the grant funds for--
``(i) dissemination of general program information;
``(ii) providing technical assistance under this chapter;
``(iii) monitoring and evaluation of programs and
activities assisted under this chapter;
``(iv) providing support for parental education; or
``(v) creating a State gifted education advisory board.
``(B) Administrative costs.--A State educational agency may
use not more than 50 percent of the funds made available to
the State educational agency under subparagraph (A) for
administrative costs.
``SEC. 5467A. ALLOTMENTS TO STATES.
``(a) Reservation of Funds.--From the amount made available
to carry out this chapter for any fiscal year, the Secretary
shall reserve \1/2\ of 1 percent for the Secretary of the
Interior for programs under this chapter for teachers, other
staff, and administrators in schools operated or funded by
the Bureau of Indian Affairs.
``(b) State Allotments.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary shall allot the total amount made available to
carry out this chapter for any fiscal year and not reserved
under subsection (a) to the States on the basis of their
relative populations of individuals aged 5 through 17, as
determined by the Secretary on the basis of the most recent
satisfactory data.
``(2) Minimum grant amount.--No State receiving an
allotment under paragraph (1) may receive less than \1/2\ of
1 percent of the total amount allotted under such paragraph.
``(c) Reallotment.--If any State does not apply for an
allotment under this section for any fiscal year, then the
Secretary shall reallot such amount to the remaining States
in accordance with this section.
``SEC. 5467B. STATE APPLICATION.
``(a) In General.--To be eligible to receive a grant under
this chapter, a State educational agency shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary may
reasonably require.
``(b) Contents.--Each application under this section shall
include assurances that--
``(1) the funds received under this chapter will be used to
identify and support gifted and talented students, including
gifted and talented students from all economic, ethnic, and
racial backgrounds, such students of limited English
proficiency, and such students with disabilities;
``(2) the funds not retained by the State educational
agency shall be used for the purpose of making, in accordance
with this chapter and on a competitive basis, grants to local
educational agencies;
``(3) the funds received under this chapter shall be used
only to supplement, but not supplant, the amount of State and
local funds expended for the education of, and related
services for, gifted and talented students;
``(4) the State educational agency will provide matching
funds for the activities to be assisted under this chapter in
an amount equal to not less than 10 percent of the grant
funds to be received, which matching funds may be provided in
cash or in kind; and
``(5) the State educational agency shall develop and
implement program assessment models to ensure program
accountability and to evaluate educational effectiveness.
``(c) Approval.--To the extent funds are made available to
carry out this chapter, the Secretary shall approve an
application of a State if such application meets the
requirements of this section.
``SEC. 5467C. DISTRIBUTION TO LOCAL EDUCATIONAL AGENCIES.
``(a) Grant Competition.--A State educational agency shall
use not less than 90 percent of the funds made available to
the State educational agency under this chapter to award
grants to local educational agencies (including consortia of
local educational agencies) to enable the local educational
agencies to carry out the authorized activities described in
section 5467(c).
``(b) Competitive Process.--Funds provided under this
chapter to local educational agencies shall be distributed to
local educational agencies through a competitive process that
results in an equitable distribution by geographic area
within the State.
``(c) Size of Grant.--A State educational agency shall
award a grant under subsection (a) for any fiscal year in an
amount sufficient to meet the needs of the students to be
served under the grant.
``SEC. 5467D. LOCAL APPLICATIONS.
``(a) Application.--To be eligible to receive a grant under
this chapter, a local educational agency (including a
consortium of local educational agencies) shall submit an
application to the State educational agency.
``(b) Contents.--Each application under this section shall
include--
``(1) an assurance that the funds received under this
chapter will be used to identify and support gifted and
talented students, including gifted and talented students
from all economic, ethnic, and racial backgrounds, such
students of limited English proficiency, and such students
with disabilities;
``(2) a description of how the local educational agency
will meet the educational needs of gifted and talented
students, including the training of personnel in the
education of gifted and talented students; and
``(3) an assurance that funds received under this chapter
will be used to supplement, not supplant, the amount of funds
the local educational agency expends for the education of,
and related services for, gifted and talented students.
``SEC. 5467E. ANNUAL REPORTING.
``Beginning 1 year after the date of enactment of the
Gifted and Talented Students Education Act of 2003 and for
each year thereafter, the State educational agency shall
submit an annual report to the Secretary that describes the
number of students served and the activities supported with
funds provided under this chapter. The report shall include a
description of the measures taken to comply with paragraphs
(1) and (4) of section 5467B(b).
``SEC. 5467F. CONSTRUCTION.
``Nothing in this chapter shall be construed to prohibit a
recipient of funds under this chapter from serving gifted and
talented students simultaneously with students with similar
educational needs, in the same educational settings where
appropriate.
``SEC. 5467G. PARTICIPATION OF PRIVATE SCHOOL CHILDREN AND
TEACHERS.
``In making grants under this chapter, the Secretary shall
ensure, where appropriate, that provision is made for the
equitable participation of students and teachers in private
nonprofit elementary schools and secondary schools, including
the participation of teachers and other personnel in
professional development programs serving such children.
``SEC. 5467H. DEFINITIONS.
``For purposes of this chapter:
``(1) Gifted and talented.--
``(A) In general.--Except as provided in subparagraph (B),
the term `gifted and talented' when used with respect to a
person or program--
``(i) has the meaning given the term under applicable State
law; or
``(ii) in the case of a State that does not have a State
law defining the term, has the meaning given such term by
definition of the State educational agency or local
educational agency involved.
``(B) Special rule.--In the case of a State that does not
have a State law that defines the term, and the State
educational agency or local educational agency has not
defined the term, the term has the meaning given the term in
section 9101.
``(2) State.--The term `State' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto
Rico.
``Chapter C--Authorization of Appropriations
``SEC. 5468. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subpart $170,000,000 for each of fiscal years 2004 through
2010, of which--
``(1) $7,500,000 shall be available for each fiscal year to
carry out chapter A; and
``(2) the remainder shall be available for each fiscal year
to carry out chapter 2.''.
SEC. 2. TECHNICAL AND CONFORMING AMENDMENTS.
Subpart 6 of part D of title V of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7253 et seq.) is
amended--
(1) by inserting after the subpart designation the
following:
[[Page S3035]]
``Chapter A--Jacob K. Javits Gifted and Talented Students Education
Program'';
(2) in section 5461 (20 U.S.C. 7253), by striking ``This
part'' and inserting ``This chapter'';
(3) by striking ``this part'' each place the term appears
and inserting ``this chapter''; and
(4) in section 5464 (20 U.S.C. 7253c)--
(A) by striking subsection (c); and
(B) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
______
By Mrs. BOXER:
S. 502. A bill to amend the Safe Drinking Water Act to designate
perchlorate as a contaminant and to establish a maximum contaminant
level for perchlorate; to the Committee on Environment and Public
Works.
Mrs. BOXER. Mr. President, today I am introducing legislation to
protect drinking water from contamination by the toxic chemical
perchlorate. My bill will require the U.S. Environmental Protection
Agency (EPA) to establish a standard for perchlorate contamination in
drinking water supplies by July 1, 2004. Under EPA's current schedule,
2006 is the earliest date a standard would be finalized.
Perchlorate is a clear and present danger to California's public
health. We cannot wait 4 more years to address this threat. EPA needs
to get moving and protect our drinking water sooner rather than later.
Drinking water sources for at least 7 million Californians and
millions of other Americans are contaminated with perchlorate.
Perchlorate is the main ingredient in rocket fuel, which accounts for
90 percent of its use. Perchlorate is also used for ammunition,
fireworks, highway safety flares, air bags, and fertilizers. It
dissolves readily in many liquids, including water, and moves easily
and quickly through cracks and water.
Perchlorate was first discovered in drinking water in 1957, although
it was rarely listed as a contaminant of concern as late as the mid-
1900s. Since 1997, when California's Department of Health Services
developed a new, more sensitive analytical testing method that can
detect perchlorate down to 4 parts per billion, perchlorate has been
found in soil, groundwater, and surface water throughout the U.S.
Perchlorate poses a variety of serious health risks relating to
thyroid function, especially in newborns, children, and pregnant women.
Exposure to perchlorate interferes with the thyroid gland's ability to
produce the hormones needed for normal prenatal development. This can
cause both physical and mental retardation. Perchlorate is also linked
to thyroid cancer.
Californians face special threats from perchlorate contamination
because so many rockets and missiles were built and tested in the state
during World War II and the cold war. Groundwater can become
contaminated wherever the chemical is manufactured, used, disposed of,
or stored.
Alarming levels of perchlorate have been discovered in Lake Mead and
the Colorado River, the drinking water source for millions of Southern
Californians. Communities in the Inland Empire, San Gabriel Valley,
Santa Clara Valley, and the Sacramento area are also grappling with
perchlorate contamination. In addition, more than 20 million Americans
in at least 19 states drink water contaminated with perchlorate.
My bill will ensure that EPA acts swiftly to address this threat to
our health and welfare. I look forward to working with my colleagues to
pass this important piece of legislation.
______
By Ms. LANDRIEU:
S.J. Res. 7. A joint resolution proposing an amendment to the
Constitution of the United States relative to the reference to God in
the Pledge of Allegiance and on United States currency; to the
Committee on the Judiciary.
Ms. LANDRIEU. Mr. President, I was surprised and disappointed by the
Ninth Circuit Court of Appeals' decision not to reconsider its ruling
in the case of Newdow versus U.S. Congress. To remind my colleagues, in
the Newdow case, a three-judge panel of the Ninth Circuit held that the
reference to God in the Pledge of Allegiance was unconstitutional. The
Bush administration requested that the Ninth Circuit reconsider its
ruling in the case. At the end of last week, the Ninth Circuit meeting
en banc refused to reconsider its ruling. The case will likely go to
the Supreme Court.
When the court first made its decision in Newdow last year, I
introduced a proposed constitutional amendment that simply said that
references to God in the Pledge of Allegiance and on our currency did
not affect an establishment of religion under the first amendment. In
light of the en banc Ninth Circuit's refusal to reconsider its ruling,
I am reintroducing my proposed amendment today.
Mr. President, references to God are found in every one of our
founding documents from the Declaration of Independence to the
Constitution, as well as in the Pledge of Allegiance. The phrase ``In
God We Trust'' appears on all of our currency and on many public
buildings. Every day, we begin Senate sessions with a prayer and the
pledge. I firmly believe that the Framers of the Constitution and the
first amendment did not want to ban all references to God from public
discourse when they wrote the establishment clause. What they wanted to
prevent was the establishment of an official national religion and to
keep the Government from getting intimately involved in the
organization of one religion over another.
These references to God are ceremonial. Certainly, they do have
meaning, but individuals are free to put whatever meaning on the word
they choose. Indeed, I fully respect and support the rights of people
not to participate in the pledge or in ceremonial prayer and my
amendment will not coerce anyone to recite the Pledge of Allegiance in
public or in school.
Mr. President, I had hoped that the Ninth Circuit would reconsider
its earlier holding. It has not. The Supreme Court may have the
oppoortunity to hear arguments in this case. Should the Supreme Court
ddcide not to hear the case or to overrule the lower court, then
Congress should restore the appropriate balanced separation between
church and state that I believe was the intent of the Framers.
I urge my colleagues to support this joint resolution.
I ask unanimous consent that the text of the joint resolution be
printed in the Record.
There being no objection, the joint resolution was ordered to be
printed in the Record, as follows:
S.J. Res. 7
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled (two-thirds of
each House concurring therein), That the following article is
proposed as an amendment to the Constitution of the United
States, which shall be valid to all intents and purposes as
part of the Constitution when ratified by the legislatures of
three-fourths of the several States within 7 years after the
date of its submission by the Congress:
``Article --
``Section 1. A reference to God in the Pledge of Allegiance
or on United States currency shall not be construed as
affecting the establishment of religion under the first
article of amendment of this Constitution.
``Section 2. Congress shall have the power to enforce this
article by appropriate legislation.''.
____________________