[Congressional Record Volume 168, Number 61 (Wednesday, April 6, 2022)]
[Senate]
[Pages S2053-S2054]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    BROWN V. BOARD OF EDUCATION NATIONAL HISTORIC SITE EXPANSION ACT

  Mr. SCHUMER. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 295, S. 270.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 270) to amend the Act entitled ``Act to provide 
     for the establishment of the Brown v. Board of Education 
     National Historic Site in the State of Kansas, and for other 
     purposes'' to provide for inclusion of additional related 
     sites in the National Park System, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Energy and Natural 
Resources, with an amendment, as follows:
  (The part of the bill intended to be inserted is printed in italic.)

                                 S. 270

       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 ``Brown v. Board of Education 
     National Historic Site Expansion Act''.

     SEC. 2. EXPANSION OF THE BROWN V. BOARD OF EDUCATION NATIONAL 
                   HISTORIC SITE.

       In order to honor the civil rights stories of struggle, 
     perseverance, and activism in the pursuit of education 
     equity, the Act entitled ``Act to provide for the 
     establishment of the Brown v. Board of Education National 
     Historic Site in the State of Kansas, and for other 
     purposes'' approved October 26, 1992 (Public Law 102-525; 106 
     Stat. 3438 et seq.), is amended as follows:
       (1) In section 101, by adding at the end the following new 
     paragraph:
       ``(3) The terms `affiliated area' and `affiliated areas' 
     mean one or more of the locations associated with the four 
     court cases included in Brown v. Board of Education of Topeka 
     described in section 102(a)(8), (9), and (10).''.
       (2) In section 102(a)--
       (A) by redesignating paragraphs (3) and (4) as paragraphs 
     (5) and (6), respectively;
       (B) by inserting after paragraph (2), the following:
       ``(3) The Brown case was joined by four other cases related 
     to school segregation pending before the Supreme Court 
     (Briggs v. Elliott, filed in South Carolina; Davis v. County 
     School Board of Prince Edward County, Spottswood Thomas 
     Bolling, et al., Petitioners, v. C. Melvin Sharpe, President 
     of the District of Columbia Board of Education, et al., filed 
     in Virginia; Gebhart v. Belton, filed in Delaware; and 
     Bolling v. Sharpe, filed in the District of Columbia) and 
     consolidated into one case named Brown v. Board of Education 
     of Topeka.
       ``(4) A 1999 historic resources study examined the five 
     cases included in Brown v. Board of Education of Topeka and 
     found each to be nationally significant and to contribute 
     unique stories to the case for educational equity.''; and
       (C) by inserting after paragraph (6) (as so redesignated by 
     this section), the following:
       ``(7) Summerton High School in South Carolina, the all-
     White school that refused to admit the plaintiffs in Briggs 
     v. Elliott, has been listed on the National Register of 
     Historic Places in recognition of its national significance 
     and is used as administrative offices for Clarendon School 
     District 1. Other sites include former Scott's Branch High 
     School, an `equalization school' constructed for African-
     American students in 1951 to provide facilities comparable to 
     those of White students and that is now the Community 
     Resource Center owned by Clarendon School District 1.
       ``(8) Robert Russa Moton School, the all-Black school in 
     Farmville, Virginia, which was the location of a student-led 
     strike leading to Davis v. County School Board of Prince 
     Edward County, Spottswood Thomas Bolling, et al., 
     Petitioners, v. C. Melvin Sharpe, President of the District 
     of Columbia Board of Education, et al., has been designated a 
     National Historic Landmark in recognition of its national 
     significance. The school, now the Robert Russa Moton Museum, 
     is governed by the Moton Museum, Inc., and affiliated with 
     Longwood University.
       ``(9) Howard High School in Wilmington, Delaware, an all-
     Black school to which plaintiffs in Belton v. Gebhart were 
     forced to travel, has been designated a National Historic 
     Landmark in recognition of its national significance. Now the 
     Howard High School of Technology, it is an active school 
     administered by the New Castle County Vocational-Technical 
     School District. The all-White Claymont High School, which 
     denied plaintiffs admission, is now the Claymont Community 
     Center administered by the Brandywine Community Resource 
     Council, Inc. The Hockessin School #107C (Hockessin Colored 
     School) is the all-Black school in Hockessin, Delaware that 
     one of the plaintiffs in Belton v. Gebhart was required to 
     attend with no public transportation provided. The former 
     Hockessin School building is utilized by Friends of Hockessin 
     Colored School #107, Inc. as a community facility.
       ``(10) John Philip Sousa Junior High School in the District 
     of Columbia, the all-White school that refused to admit 
     plaintiffs in Bolling v. Sharpe, has been designated a 
     National Historic Landmark in recognition of its national 
     significance. John Philip Sousa Junior High School, now John 
     Philip Sousa Middle School, is owned by the District of 
     Columbia Department of General Services and administered by 
     the District of Columbia Public Schools.''.
       (3) In section 102(b)(3)--
       (A) by inserting ``, protection,'' after ``preservation'';
       (B) by inserting ``, Kansas; Summerton, South Carolina; 
     Farmville, Virginia; Wilmington and Hockessin, Delaware; and 
     the District of Columbia'' after ``Topeka''; and
       (C) by inserting ``and the context of Brown v. Board of 
     Education'' after ``civil rights movement''.
       (4) In section 103, by inserting after subsection (b) the 
     following:
       ``(c) Boundary Adjustment.--
       ``(1) In general.--In addition to land described in 
     subsection (b), the historic site shall consist of land and 
     interests in land identified as Summerton High School and 
     Scott's Branch High School located in Clarendon County, South 
     Carolina, after such land, or interests in land, is acquired 
     by the Secretary and the determination is made under 
     paragraph (2).
       ``(2) Determination by secretary.--The historic site shall 
     not be expanded until the date on which the Secretary 
     determines that a sufficient quantity of land, or interests 
     in land, has been acquired to constitute a manageable park 
     unit.
       ``(3) Notice.--Not later than 30 days after the date on 
     which the Secretary makes a determination under paragraph 
     (2), the Secretary shall publish in the Federal Register 
     notice of the expansion of the historic site.
       ``(4) Map.--After the determination in subsection (2), the 
     Secretary shall publish a new map of the historic site to 
     include land or interests in land acquired under this 
     subsection.''.
       (5) In section 104--
       (A) by striking ``section 103(b)'' and inserting 
     ``subsections (b) and (c) of section 103'';
       (B) by striking ``: Provided, however, That the'' and 
     inserting ``. The''; and
       (C) by adding before the final period the following: ``nor 
     by condemnation of any land or interest in land within the 
     boundaries of the historic site''.
       (6) In section 105(c), by inserting before the final period 
     the following: ``in Topeka, Kansas. After the boundary 
     adjustment under section 103(c), the Secretary shall prepare 
     and submit to the Committee on Natural Resources of the House 
     of Representatives and the Committee on Energy and Natural 
     Resources of the Senate a general management plan for the 
     historic site locations in Clarendon County, South 
     Carolina''.
       (7) By inserting after section 105, the following:

     ``SEC. 106. ESTABLISHMENT OF THE BROWN V. BOARD OF EDUCATION 
                   AFFILIATED AREAS.

       ``(a) In General.--The locations associated with the three 
     court cases included in Brown v. Board of Education of Topeka 
     described in sections 102(a)(8), (9), and (10) are 
     established as affiliated areas of the National Park System.
       ``(b) Administration.--The affiliated areas shall be 
     managed in accordance with--
       ``(1) this section; and
       ``(2) any law generally applicable to units of the National 
     Park System.
       ``(c) General Management Plan.--
       ``(1) In general.--Not later than two years after the date 
     of the enactment of this Act,

[[Page S2054]]

     the Secretary, in consultation with the management entity of 
     each affiliated area, shall develop a general management plan 
     for each of the affiliated areas in accordance with section 
     100502 of title 54, United States Code. The general 
     management plan shall--
       ``(A) be prepared in consultation and coordination with the 
     interested State, county, and local governments, management 
     entities, organizations, and interested members of the public 
     associated with the affiliated area;
       ``(B) identify, as appropriate, the roles and 
     responsibilities of the National Park Service and management 
     entity in administering and interpreting the affiliated area 
     in such a manner that it does not interfere with existing 
     operations and continued use of existing facilities; and
       ``(C) require the Secretary to coordinate the preparation 
     and implementation of the management plan and interpretation 
     of the affiliated area with the Brown v. Board of Education 
     National Historic Site.
       ``(2) Public comment.--The Secretary shall--
       ``(A) hold not less than one public meeting in the general 
     proximity of each affiliated area on the proposed general 
     management plan, including opportunities for public comment; 
     and
       ``(B) publish the draft general management plan on the 
     internet and provide an opportunity for public comment.
       ``(3) Transmittal.--Not later than 3 years after the date 
     on which funds are made available to carry out this section, 
     the Secretary shall transmit the general management plan for 
     each affiliated area developed under subparagraph (1) to the 
     Committee on Natural Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate.
       ``(d) Management Entity.--The organizations described in 
     paragraphs (8), (9), and (10) of section 102(a) shall be the 
     management entity for its respective affiliated area.
       ``(e) Cooperative Agreements.--The Secretary may provide 
     technical assistance and grants and enter into cooperative 
     agreements with the management entity for each affiliated 
     area to provide financial assistance for the marketing, 
     marking, interpretation, and preservation of the respective 
     affiliated area.
       ``(f) Land Use.--Nothing in this section affects land use 
     rights of private property owners within or adjacent to the 
     affiliated areas, including activities or uses on private 
     land that can be seen or heard within the affiliated areas 
     and the authorities for management entities to operate and 
     administer the affiliated areas.
       ``(g) Limited Role of the Secretary.--Nothing in this 
     section authorizes the Secretary to acquire property in an 
     affiliated area or to assume overall financial responsibility 
     for the operation, maintenance, or management of an 
     affiliated area. Each affiliated area shall continue to be 
     owned, operated, and managed by its respective public and 
     private owners.''.
       (8) By redesignating section 106 as section 107.
       (9) In section 107 (as so redesignated by this subsection), 
     by inserting before the period the following: ``at the 
     historic site, and there is authorized to be appropriated 
     such sums as are necessary to carry out sections 103(c) and 
     106''.

     SEC. 3. REDESIGNATION OF THE BROWN V. BOARD OF EDUCATION 
                   NATIONAL HISTORICAL PARK.

       (a) In General.--The Brown v. Board of Education National 
     Historic Site established by section 103(a) of Public Law 
     102-525 (54 U.S.C. 320101 note; 106 Stat. 3439) shall be 
     known and designated as the ``Brown v. Board of Education 
     National Historical Park''.
       (b) References.--Any reference in any law, regulation, 
     document, record, map, or other paper of the United States to 
     the Brown v. Board of Education National Historic Site shall 
     be considered to be a reference to the ``Brown v. Board of 
     Education National Historical Park''.

  Mr. SCHUMER. I ask unanimous consent that the committee-reported 
amendment be withdrawn; the Coons amendment at the desk be considered 
and agreed to; and the bill, as amended, be considered read a third 
time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment was withdrawn.
  The amendment (No. 5018) in the nature of a substitute was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The bill, as amended, was ordered to be engrossed for a third reading 
and was read the third time.
  Mr. SCHUMER. I know of no further debate on the bill.
  The PRESIDING OFFICER. If there is no further debate, the bill having 
been read the third time, the question is, Shall the bill pass?
  The bill (S. 270), as amended, was passed.
  Mr. SCHUMER. I ask unanimous consent that the motion to reconsider be 
considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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