[Congressional Record (Bound Edition), Volume 149 (2003), Part 4]
[Senate]
[Pages 4962-4969]
[From the U.S. 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

[[Page 4963]]

     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.
       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

[[Page 4964]]

     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 
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 the text of 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

[[Page 4965]]

       (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.
       (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

[[Page 4966]]

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.
  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 talented 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,

[[Page 4967]]



     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 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

[[Page 4968]]

     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:

  ``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

[[Page 4969]]

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 
decide 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.''.

                          ____________________