[Congressional Record (Bound Edition), Volume 147 (2001), Part 11]
[Senate]
[Pages 16192-16195]
[From the U.S. Government Publishing Office, www.gpo.gov]



  ESTABLISHING A COMMISSION FOR COMMEMORATION OF 50TH ANNIVERSARY OF 
         SUPREME COURT DECISION IN BROWN V. BOARD OF EDUCATION

  Mr. REID. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 119, S. 1046.
  The PRESIDENT pro tempore. The clerk will state the title of the 
bill.
  The legislative clerk read as follows:

       A bill (S. 1046) 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.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported by the Committee on the Judiciary with 
amendments, as follows:
  [Omit the parts in black brackets and insert the part printed in 
italic.]

                                S. 1046

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. FINDINGS.

       Congress finds that as the Nation approaches May 17, 2004, 
     marking the 50th anniversary of the Supreme Court decision in 
     Oliver L. Brown et al. v. Board of Education of Topeka, 
     Kansas et al., it is appropriate to establish a national 
     commission to plan and coordinate the commemoration of that 
     anniversary.

     SEC. 2. ESTABLISHMENT.

       There is established a commission to be known as the 
     ``Brown v. Board of Education 50th Anniversary Commission'' 
     (referred to in this Act as the ``Commission'').

     SEC. 3. DUTIES.

       In order to commemorate the 50th anniversary of the Brown 
     decision, the Commission shall--
       (1) in conjunction with the Department of Education, plan 
     and coordinate public education activities and initiatives, 
     including public lectures, writing contests, and public 
     awareness campaigns, through the Department of Education's 
     ten regional offices;
       (2) in cooperation with the Brown Foundation for 
     Educational Equity, Excellence, and Research in Topeka, 
     Kansas, (referred to in this Act as the ``Brown Foundation'') 
     and such other public or private entities as the Commission 
     considers appropriate, encourage, plan, develop, and 
     coordinate observances of the anniversary of the Brown 
     decision; and
       (3) submit recommendations to the Congress relating to a 
     joint session of Congress for the purpose of commemorating 
     the anniversary.

     SEC. 4. MEMBERSHIP.

       (a) Number and Appointment.--The Commission shall be 
     composed as follows:
       (1) Two representatives of the Department of Education 
     appointed by the Secretary of Education, one of whom shall 
     serve as [Chair] one of two Co-chairpersons of the 
     Commission.
       (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.
       [(2)](3) Eleven individuals appointed by the President 
     after receiving recommendations as follows:
       [(A) Members of the Senate from each of the States in which 
     the lawsuits decided by the Brown decision were originally 
     filed, Delaware, Kansas, South Carolina, and Virginia, and 
     from the State of the first legal challenge, Massachusetts, 
     shall jointly recommend to the President one individual from 
     their respective States.
       [(B) Members of the House of Representatives from each of 
     the States referred to in subparagraph (A) shall jointly 
     recommend to the President one individual from their 
     respective States.]
       (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 
     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.

[[Page 16193]]

       (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).
       (C) The Delegate to the House of Representatives from the 
     District of Columbia shall recommend to the President one 
     individual from the District of Columbia.
       [(3)](4) Two representatives of the judicial branch of the 
     Federal Government appointed by the Chief Justice of the 
     United States Supreme Court.
       [(4)](5) Two representatives of the Brown Foundation.
       [(5)](6) Two representatives of the NAACP Legal Defense and 
     Education Fund.
       [(6)](7) One representative of the Brown v. Board of 
     Education National Historic Site.
       (b) Terms.--Members of the Commission shall be appointed 
     for the life of the Commission.
       (c) Vacancies.--A vacancy in the Commission shall be filled 
     in the same manner as the original appointment.
       (d) Compensation.--
       (1) In general.-- Members of the Commission shall serve 
     without pay.
       (2) Travel expenses.--Each member shall receive travel 
     expenses, including per diem in lieu of subsistence, in 
     accordance with applicable provisions under subchapter I of 
     chapter 57 of title 5, United States Code.
       (e) Quorum.--A majority of members of the Commission shall 
     constitute a quorum.
       (f) Meetings.--The Commission shall hold its first meeting 
     not later than 6 months after the date of enactment of this 
     Act. The Commission shall subsequently meet at the call of 
     [the Chair] a Co-chairperson or a majority of its members.
       (g) Executive Director and Staff.-- The Commission may 
     secure the services of an executive director and staff 
     personnel as it considers appropriate.

     SEC. 5. POWERS.

       (a) Powers of Members and Agents.--Any member or agent of 
     the Commission may, if so authorized by the Commission, take 
     any action which the Commission is authorized to take under 
     this Act.
       (b) Gifts and Donations.--
       (1) Authority to accept.--The Commission may accept and use 
     gifts or donations of money, property, or personal services.
       (2) Disposition of property.--Any books, manuscripts, 
     miscellaneous printed matter, memorabilia, relics, or other 
     materials donated to the Commission which relate to the Brown 
     decision, shall, upon termination of the Commission--
       (A) be deposited for preservation in the Brown Foundation 
     Collection at the Spencer Research Library at the University 
     of Kansas in Lawrence, Kansas; or
       (B) be disposed of by the Commission in consultation with 
     the Librarian of Congress, and with the express consent of 
     the Brown Foundation and the Brown v. Board of Education 
     National Historic Site.
       (c) Mails.--The Commission may use the United States mails 
     in the same manner and under the same conditions as other 
     departments and agencies of the United States.

     SEC. 6. REPORTS.

       (a) Interim Reports.--The Commission shall transmit interim 
     reports to the President and Congress not later than December 
     31 of each year. Each such report shall include a description 
     of the activities of the Commission during the year covered 
     by the report, an accounting of any funds received or 
     expended by the Commission during such year, and 
     recommendations for any legislation or administrative action 
     which the Commission considers appropriate.
       (b) Final Report.--The Commission shall transmit a final 
     report to the President and Congress not later than December 
     31, 2004. Such report shall include an accounting of any 
     funds received or expended, and the disposition of any other 
     properties, not previously reported.

     SEC. 7. TERMINATION.

       (a) Date.--The Commission shall terminate on such date as 
     the Commission may determine, but not later than February 1, 
     2005.
       (b) Disposition of Funds.--Any funds held by the Commission 
     on the date the Commission terminates shall be deposited in 
     the general fund of the Treasury.

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated at total of 
     $300,000 for fiscal years 2003 and 2004 to carry out this 
     Act, to remain available until expended.

  Mr. ROBERTS. Mr. President, today I rise in support of S. 1046, the 
Brown v. Board of Education 50th Anniversary Commission bill, which 
Senator Brownback and I introduced. 2004 marks the 50th anniversary of 
this landmark Supreme Court decision which found the doctrine of 
``separate but equal'' to be patently unconstitutional. In 2004, it 
will have been half a century since Oliver Brown of Topeka, Kansas, on 
behalf of his daughter, Linda, fought the menace of racism and won. 
This watershed case is an important victory in the civil rights 
movement, and this Congressional Commission will allow us to fully 
celebrate and reflect on what this decision has meant to our nation.
  On May 17, 1954, in the Brown v. the Board of Education decision, the 
high court issued a definitive 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.'' This case brought relief not only to the 
families from four states and the District of Columbia who were 
combined under the Brown case, but to individuals throughout our 
country as it marked a turning point in our Nation's history.
  This bill, S. 1046, allows for the establishment of a Congressional 
Commission to celebrate this historical occasion, by developing public 
education initiatives and coordinating observances in conjunction with 
the Brown Foundation for Educational Equality, Excellence and Research 
in Topeka. The Brown Foundation is concurrently working with the 
National Park Service in order to convert Linda Brown's former all-
black elementary school into a historic site in time for the 50th 
anniversary.
  I'd like to thank Chairman Leahy and Ranking Member Hatch for their 
expeditious consideration of this important legislation. I'd also like 
to thank the Kansas Congressional Delegation for all their work on this 
issue as well. Finally, I'd like to thank Cheryl Brown Henderson, 
Linda's sister, who is the Executive Director of the Brown Foundation. 
Her untiring work has furthered the legacy of the Brown decision and 
allowed the vision of a Congressional Commission to become closer to a 
reality.
  Mr. BROWNBACK. Mr. President, I rise today to express my thanks to my 
Senate colleagues for passing S. 1046, a bill that creates a commission 
to commemorate the 40th anniversary of Brown v. Board. I would 
especially like to thank Senator Pat Roberts of Kansas who introduced 
this bill into the Senate and Senator Patrick Leahy of Vermont for his 
leadership in helping me to move this legislation through his 
committee.
  I thank Cheryl Brown Henderson of the Brown Foundation, whose father, 
Oliver Brown brought the suit against the Topeka Board of Education on 
behalf of his daughter, Linda Brown. Cheryl has been a steadfast leader 
in ensuring that the Brown decision and legacy continues not only in 
the State of Kansas but throughout the nation, and she has been very 
instrumental in creating this legislation that was passed in the Senate 
today.
  I stand before the Senate today proud that Kansas has played an 
intricate role in shaping our Nation. From ``Bleeding Kansas'' to the 
``Exodus to Kansas'' to Brown v. Board, Kansas has been one State in 
this nation that has led our country in addressing race relations in 
this country. And I am very proud of that history and legacy.
  As you know, the history of desegregating our public school system 
started before Brown v. Board with such cases as Murray v. Maryland and 
Sweatt v. Painter. But it was Brown v. Board that set the fire of the 
public outrage and changed the course of America's history and the way 
in which we view equality in the eyes of the law.
  Before Brown, many States in the United States enforced racially 
segregated laws--this was an atrocious practice. Many individuals 
claimed that as a direct result of the 1896 Plessy v. Ferguson case, 
which sanctioned the separate but equal doctrine, school segregation 
was, in fact, legal and culturally acceptable. Oliver Brown, a citizen 
of Topeka, Kansas joined with other individuals and filed a lawsuit 
against the Topeka School Board on behalf of his 7-year-old daughter, 
Linda.
  Like other young African Americans, Linda had to cross a set of 
railroad tracks and board a bus to take her to the ``colored'' school 
on the other side of the city where she lived--even though a school for 
white children was located only a few blocks from her

[[Page 16194]]

home. This was the basis for the landmark case. There were many notable 
African Americans who helped to bring this case to the Supreme Court of 
the United States, however, none so famous as Supreme Court Justice 
Thurgood Marshall who valiantly defended the rights of not only Linda 
Brown, but of an entire race of individuals who were treated as second-
class citizens.
  On May 17, 1954, the Supreme Court rendered its decision that ruled 
racial segregation in schools in unconstitutional, violating the 14th 
Amendment of the United States Constitution, which states among other 
things that, ``no state shall make or enforce any law which shall 
abridge the privileges or immunities of citizens of the United 
States.''
  When the Court ruled in 1954 that school segregation laws were 
unconstitutional, the Supreme Court demolished the legal foundation on 
which racial segregation stood. The Court's opinion, written and 
delivered by Chief Justice Earl Warren, also served as a stirring moral 
indictment of racial segregation, and an eloquent challenge to America 
to cast off its prejudices and extend its promises of life, liberty, 
and the pursuit of happiness to all citizens, regardless of race or 
color.
  This Commission will comprise individuals representing the states 
that were involved in the Brown case originally filed, Delaware, 
Kansas, South Carolina, and Virginia, and from the first legal 
challenge, Massachusetts. The Commission will be charged with planning 
and coordinating public education activities and initiatives, including 
public lectures, writing contests, and public awareness campaigns 
throughout the nation.
  In addition, the Commission will work with the Brown Foundation for 
Educational Equity, Excellence and Research (located in Topeka, Kansas) 
to plan, develop and coordinate observances of the anniversary of the 
Brown decision. And finally, the Commission will submit recommendations 
to the United States Congress relating to a joint session of Congress 
to commemorate the Brown v. Board anniversary.
  I am proud that we were able to pass this legislation today that will 
honor this historic case--one that set the pace for racial equality in 
the 20th century, and caused a nation to rethink the meaning of racial 
equality and tolerance for the betterment of our country.
  Mr. REID. Mr. President, I ask unanimous consent that the committee 
amendments be agreed to, the bill, as amended, be read the third time 
and passed, the motion to reconsider be laid upon the table, and that 
any statements relating to the bill be printed in the Record.
  The PRESIDENT pro tempore. Without objection, it is so ordered. The 
several requests are agreed to en bloc.
  The committee amendments were agreed to.
  The bill (S. 1046), as amended, was read the third time and passed, 
as follows:

                                S. 1046

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. FINDINGS.

       Congress finds that as the Nation approaches May 17, 2004, 
     marking the 50th anniversary of the Supreme Court decision in 
     Oliver L. Brown et al. v. Board of Education of Topeka, 
     Kansas et al., it is appropriate to establish a national 
     commission to plan and coordinate the commemoration of that 
     anniversary.

     SEC. 2. ESTABLISHMENT.

       There is established a commission to be known as the 
     ``Brown v. Board of Education 50th Anniversary Commission'' 
     (referred to in this Act as the ``Commission'').

     SEC. 3. DUTIES.

       In order to commemorate the 50th anniversary of the Brown 
     decision, the Commission shall--
       (1) in conjunction with the Department of Education, plan 
     and coordinate public education activities and initiatives, 
     including public lectures, writing contests, and public 
     awareness campaigns, through the Department of Education's 
     ten regional offices;
       (2) in cooperation with the Brown Foundation for 
     Educational Equity, Excellence, and Research in Topeka, 
     Kansas, (referred to in this Act as the ``Brown Foundation'') 
     and such other public or private entities as the Commission 
     considers appropriate, encourage, plan, develop, and 
     coordinate observances of the anniversary of the Brown 
     decision; and
       (3) submit recommendations to the Congress relating to a 
     joint session of Congress for the purpose of commemorating 
     the anniversary.

     SEC. 4. MEMBERSHIP.

       (a) Number and Appointment.--The Commission shall be 
     composed as follows:
       (1) Two representatives of the Department of Education 
     appointed by the Secretary of Education, one of whom shall 
     serve as one of two Co-chairpersons of the Commission.
       (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.
       (3) Eleven individuals appointed by the President after 
     receiving recommendations as follows:
       (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).
       (C) The Delegate to the House of Representatives from the 
     District of Columbia shall recommend to the President one 
     individual from the District of Columbia.
       (4) Two representatives of the judicial branch of the 
     Federal Government appointed by the Chief Justice of the 
     United States Supreme Court.
       (5) Two representatives of the Brown Foundation.
       (6) Two representatives of the NAACP Legal Defense and 
     Education Fund.
       (7) One representative of the Brown v. Board of Education 
     National Historic Site.
       (b) Terms.--Members of the Commission shall be appointed 
     for the life of the Commission.
       (c) Vacancies.--A vacancy in the Commission shall be filled 
     in the same manner as the original appointment.
       (d) Compensation.--
       (1) In general.-- Members of the Commission shall serve 
     without pay.
       (2) Travel expenses.--Each member shall receive travel 
     expenses, including per diem in lieu of subsistence, in 
     accordance with applicable provisions under subchapter I of 
     chapter 57 of title 5, United States Code.
       (e) Quorum.--A majority of members of the Commission shall 
     constitute a quorum.
       (f) Meetings.--The Commission shall hold its first meeting 
     not later than 6 months after the date of enactment of this 
     Act. The Commission shall subsequently meet at the call of a 
     Co-chairperson or a majority of its members.
       (g) Executive Director and Staff.-- The Commission may 
     secure the services of an executive director and staff 
     personnel as it considers appropriate.

     SEC. 5. POWERS.

       (a) Powers of Members and Agents.--Any member or agent of 
     the Commission may, if so authorized by the Commission, take 
     any action which the Commission is authorized to take under 
     this Act.
       (b) Gifts and Donations.--
       (1) Authority to accept.--The Commission may accept and use 
     gifts or donations of money, property, or personal services.
       (2) Disposition of property.--Any books, manuscripts, 
     miscellaneous printed matter, memorabilia, relics, or other 
     materials donated to the Commission which relate to the Brown 
     decision, shall, upon termination of the Commission--
       (A) be deposited for preservation in the Brown Foundation 
     Collection at the Spencer Research Library at the University 
     of Kansas in Lawrence, Kansas; or
       (B) be disposed of by the Commission in consultation with 
     the Librarian of Congress, and with the express consent of 
     the Brown Foundation and the Brown v. Board of Education 
     National Historic Site.
       (c) Mails.--The Commission may use the United States mails 
     in the same manner and under the same conditions as other 
     departments and agencies of the United States.

     SEC. 6. REPORTS.

       (a) Interim Reports.--The Commission shall transmit interim 
     reports to the President and Congress not later than December 
     31 of each year. Each such report shall include a description 
     of the activities of the

[[Page 16195]]

     Commission during the year covered by the report, an 
     accounting of any funds received or expended by the 
     Commission during such year, and recommendations for any 
     legislation or administrative action which the Commission 
     considers appropriate.
       (b) Final Report.--The Commission shall transmit a final 
     report to the President and Congress not later than December 
     31, 2004. Such report shall include an accounting of any 
     funds received or expended, and the disposition of any other 
     properties, not previously reported.

     SEC. 7. TERMINATION.

       (a) Date.--The Commission shall terminate on such date as 
     the Commission may determine, but not later than February 1, 
     2005.
       (b) Disposition of Funds.--Any funds held by the Commission 
     on the date the Commission terminates shall be deposited in 
     the general fund of the Treasury.

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated at total of 
     $300,000 for fiscal years 2003 and 2004 to carry out this 
     Act, to remain available until expended.

                          ____________________