U.S. COMMISSION ON CIVIL RIGHTS FISCAL YEAR 1981

AUTHORIZATION

THURSDAY, APRIL 3, 1980

U.S. SENATE,

COMMITTEE ON THE JUDICIARY,

Washington, D.C.

The committee met at 9:45 a.m., room 457, Russell Senate Office Building, Hon. Birch Bayh (acting chairman of the committee) presiding.

Present: Senator Bayh.

Staff Present: Kevin O. Faley, chief counsel and executive director, Subcommittee on the Constitution; Mary K. Jolly, staff director and counsel, Subcommittee on the Constitution; John Minor, counsel, Committee on the Judiciary; Ben Dixon, professional staff member, Subcommittee on the Constitution; Linda Rogers-Kingsbury, deputy staff director and chief clerk; Christie F. Johnson, assistant clerk; Tom Parry, counsel, minority staff, Senator Hatch; Steve Markman, counsel, minority staff, Senator Hatch; Dennis Shedd, counsel, Senator Thurmond; Charles Wood, counsel, Senator Simpson. Senator BAYH. We will convene our hearing this morning.

OPENING STATEMENT OF HON. BIRCH BAYH, A U.S. SENATOR FROM THE STATE OF INDIANA, CHAIRMAN OF THE SUBCOMMITTEE ON THE CONSTITUTION

Today the committee once again turns to its annual oversight of the U.S. Commission on Civil Rights. I have introduced legislation, S. 2511, which would extend through fiscal year 1981 an authorization for an appropriation of $14 million. As we all know, the U.S. Commission on Civil Rights is an independent bipartisan agency established by Congress in 1957 to:

One: Investigate complaints alleging denial of the right to vote by reason of race, color, religion, sex, handicap, or national origin, or by reason of fraudulent practices;

Two: Study and collect information concerning legal developments constituting discrimination or denial of equal protection of the laws under the Constitution because of race, color, religion, sex, age, handicap, or national origin, or in the administration of justice;

Three: Appraise Federal laws and policies with respect to discrimination or denials of equal protection of the laws because of race, color, religion, sex, age, handicap, or national origin; and

Four: Submit reports, findings, and recommendations to the President and the Congress.

(1)

I do not believe that I need recite the long list of accomplishments of the Commission to date: They are well known to all. Let me just say though, that in the early years of the civil rights struggle and during the legislative battles of the last decade, the laws we passed were on issues that dealt with the fundamental precepts of this Nation. Then, as today, the Commission was on the forefront of the fight, defending the freedoms all Americans are supposed to have as a birthright.

In 1979, the Congress once again extended the Commission's existence for an additional 5 years, but required it to seek annual monetary authorizations during this 5-year period. Last year, the Congress authorized the Commission to spend $14 million, a level S. 2511 would continue. However, the Commission kept well below that ceiling figure by requesting only $11.7 million budget for the current fiscal year and $12.1 million for fiscal year 1981. The Commission has been able to submit these low budgets despite the addition in 1979 of the areas of handicap and age to its authority; the committee felt then that the Commission would need additional outlays so that it could meet its more traditional duties as well as these new ones. I congratulate the Commission on its fiscal restraint. Last year I asked the Commission to inform us if a request was to be made for additional funds for a substantive area; I am not aware of any such request having been made this year. I would again request, though, that if additional moneys do seem to be necessary that the Commission would inform us of any supplementals for the current fiscal year and for 1981.

For the last 23 years, the Commission on Civil Rights has labored to protect all Americans from an erosion of their constitutional and civil rights. The Commission has been able to do this in a unique manner, for it has no authority to issue regulations or to litigate any matter. It merely has the authority to point out the situations that have resulted in a deprivation of rights and to recommend a remedy. We in the Congress, then, must move to correct the situation by implementing the remedy through legislation. I believe the Commission performs an essential task through its recommendations to the Congress; and, I believe it must be continued.

We are very privileged this morning to have Ms. Frankie Freeman, Mr. Louis Nunez and Ms. Lucy Edwards representing the Commission. I should mention that I had a lengthy conversation with Chairman Flemming yesterday, and he was in a position that some of us are in on occasion, of having to be in two places at one time. A meeting in Phoenix, on equal employment, which he is now attending was called for today and obviously is in conflict with our meeting here.

Knowing the kind of leadership that comes from the Commission, I suggested this meeting would be the easier one for him to miss because he would be so ably represented by the witnesses that are here now. I told him I would recognize his presence in spirit here and urged him to fill the other commitment.

[The text of S. 2511 follows:]

II

96TH CONGRESS

2D SESSION

S. 2511

To amend the Civil Rights Act of 1957 to authorize appropriations for the United States Commission on Civil Rights for fiscal year 1981.

IN THE SENATE OF THE UNITED STATES

APRIL 1 (legislative day, JANUARY 3), 1980

Mr. BAYH introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To amend the Civil Rights Act of 1957 to authorize appropriations for the United States Commission on Civil Rights for fiscal year 1981.

1

Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That section 106 of the Civil Rights Act of 1957 (42 U.S.C. 4 1975e) is amended by striking out "1980" and inserting in 5 lieu thereof "1981".

Senator BAYH. Senator Thurmond wanted a statement inserted in the record, which will be done at this point, without objection.

OPENING STATEMENT OF HON. STROM THURMOND, A U.S. SENATOR FROM THE STATE OF SOUTH CAROLINA

Mr. Chairman, this morning we are considering the reauthorization of the Civil Rights Commission as part of our annual congressional oversight.

While this Commission has indeed been active over its 20-year history, some people are concerned that the Commission, at times, has dramatically stretched its congressional mandate. Many such concerns were heard by this committee last year. I assume that the Commission has reacted responsibly to those criticisms and will strive to act within the parameters of its congressional directive.

It is very important that the Civil Rights Commission consider everyone who is a member of a minority group. At times, people make an unwarranted assumption that all members of minority groups are the same; that they all feel exactly the same way on every subject. This assumption is an incorrect stereotype. Members of minority groups in this country are just as diverse in their attitudes and beliefs as are members of the majority. The Commission must insure that all members of these diverse groups, not just a select few, are heard.

Another minority which has been created in this country are those persons who are adversely affected by reverse discrimination. This minority represents those people who, through no fault of their own, are subjected to unequal burdens. No on-going review of the plight of the disadvantaged in this country would be complete without a study of the impact on these persons. I hope that a complete study of this area will be part of the Commission's agenda in the next year.

Senator BAYH. With that, why don't we just proceed? It is good to have you folks here this morning, Ms. Freeman. Why don't you proceed?

TESTIMONY OF FRANKIE FREEMAN, COMMISSIONER, U.S. COMMISSION ON CIVIL RIGHTS, ACCOMPANIED BY LOUIS NUNEZ, STAFF DIRECTOR, AND LUCY EDWARDS, DIRECTOR OF CONGRESSIONAL LIAISON

MS. FREEMAN. Mr. Chairman and members of the committee, I am Frankie M. Freeman, Commissioner. I am pleased to appear before you with respect to the U.S. Commission on Civil Rights' Authorization request for fiscal year 1981. The Commission has been advised that, this request is consistent with the President's program. Accompanying me today is Louis Nunez, the staff director, and Ms. Lucy Edwards.

Mr. Chairman, as you know, the Commission on Civil Rights was originally established in 1957 for an initial period of 2 years. Subsequently, its life has been extended six times. In October 1978 President Carter signed Public Law 95-444, which extended the Commission through fiscal 1983 and expanded the Commission's jurisdiction to include discrimination on account of age and handicap.

This extension legislation also provided for a 1-year open ended authorization for fiscal year 1979.

In fiscal year 1980 the Commission is operating under an authorization ceiling of $14 million. In 1979 the Commission's activities continued to reflect the priorities of education, unemployment, housing, administration of justice and voting rights, but also included new and developing fields of Commission inquiry.

In fiscal year 1979 a desegregation status report was issued reviewing developments in public school desegregation since the Commission's 1976 comprehensive report entitled "Fulfilling the Letter