[Congressional Record Volume 152, Number 95 (Wednesday, July 19, 2006)]
[Senate]
[Pages S7922-S7923]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN (for himself and Mr. Graham):
  S. 3688. A bill to preserve the Mount Soledad Veterans Memorial in 
San Diego, California, by providing for the immediate acquisition of 
the memorial by the United States; to the Committee on Energy and 
Natural Resources.
  Mr. McCAIN. Mr President, today I am introducing legislation to 
preserve the Mount Soledad Veterans Memorial in San Diego, CA. I am 
pleased to be joined in this effort by Senator Graham.
  Since 1913, a series of crosses have stood on top of Mount Soledad, 
property owned by the city of San Diego. In April of 1954, the site was 
designated to commemorate the sacrifices made by members of the Armed 
Forces who served in World War II, as well as the Korean war.
  In 1989, one individual filed suit against the city claiming that the 
display of the cross by he city was unconstitutional and, therefore, 
violated his civil rights. In 1991, a Federal judge issued an 
injunction prohibiting the permanent display of the cross on city 
property. Since that time, the city has repeatedly tried to divest 
itself of the property through sale or donation. But the plaintiff 
continued to mount legal challenges to every attempted property 
transfer--revealing that his true objection is not to the city's 
display of the cross, but to the cross itself. The legal wrangling over 
this memorial continues today.
  The Mount Soledad Memorial is a remarkably popular landmark. On two 
different occasions, the voters of San Diego passed, by votes of 76 
percent, ballot measures designed to transfer the property to entities 
that could maintain it.
  I do not believe that the Mount Soledad cross violates the 
Constitution. Consequently, I do not believe there is just cause for 
removing it from its position as the centerpiece of the

[[Page S7923]]

Soledad Veterans Memorial. Therefore, given the many years of legal 
disputes regarding this issue, I believe it is past time it is 
resolved.
  The bill I am introducing would bring the Mount Soledad cross under 
the control of the Federal Government, and specifically the Department 
of Defense. The process set forth in the bill is consistent with 
analysis provided by the Department of Justice's Office of Legislative 
Affairs in a recent letter to the chairman of the House Armed Services 
Committee. In that letter, the OLA stated, ``we would . . . point out 
that Congress could enact the necessary authority [to acquire the Mount 
Soledad Memorial] through an immediate legislative taking. . .''
  This bill would allow for the just compensation for the property in 
question. It also would address the required maintenance for the 
memorial and the surrounding property through a memorandum of 
understanding between the Secretary of Defense and the Mount Soledad 
Memorial Association. The minimal financial commitment required in this 
legislation will ensure the endurance of this memorial which serves as 
a reminder of the hundreds of thousands of men and women who made 
enormous sacrifices when our country called upon them.
  I encourage my colleagues to join me in supporting this legislation, 
which will ensure the preservation of an important tribute to our men 
and women of the Armed Forces.
                                 ______