[Congressional Record Volume 144, Number 30 (Wednesday, March 18, 1998)]
[House]
[Pages H1254-H1257]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CIVIL RIGHTS COMMISSION ACT OF 1998
Mr. CANADY of Florida. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 3117) to reauthorize the United States Commission
on Civil Rights, and for other purposes, as amended.
The Clerk read as follows:
H.R. 3117
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 ``Civil Rights Commission Act
of 1998''.
SEC. 2. EXTENSION AND AUTHORIZATION OF APPROPRIATIONS.
(a) Extension.--Section 6 of the Civil Rights Commission
Act of 1983 (42 U.S.C. 1975d) is amended by striking ``1996''
and inserting ``2001''.
(b) Authorization.--The first sentence of section 5 of the
Civil Rights Commission Act of 1983 (42 U.S.C. 1975c) is
amended to read ``There are authorized to be appropriated
such sums as may be necessary to carry out this Act for
fiscal years through fiscal year 2001.''.
SEC. 3. STAFF DIRECTOR.
Section 4(a)(1) of the Civil Rights Commission Act of 1983
(42 U.S.C. 1975b(a)(1)) is amended--
(1) by striking ``There shall'' and inserting the
following:
``(A) In general.--There shall'';
(2) by striking ``(A)'' and inserting the following:
``(i)'';
(3) by striking ``(B)'' and inserting the following:
``(ii)''; and
(4) by adding at the end the following:
``(B) Term of office.--The term of office of the Staff
Director shall be 4 years.
``(C) Review and retention.--The Commission shall annually
review the performance of the staff director.''.
SEC. 4. APPLICATION OF FREEDOM OF INFORMATION, PRIVACY,
SUNSHINE, AND ADVISORY COMMITTEE ACTS.
Section 4 of the Civil Rights Commission Act of 1983 (42
U.S.C. 1975b) is amended by adding at the end the following:
``(f) Application of Certain Provisions of Law.--The
Commission shall be considered to be an agency, as defined in
section 551(1) of title 5, United States Code, for the
purposes of sections 552, 552a, and 552b of title 5, United
States Code, and for the purposes of the Federal Advisory
Committee Act.''.
SEC. 5. REQUIREMENT FOR INDEPENDENT AUDIT.
Section 4 of the Civil Rights Commission Act of 1983 (42
U.S.C. 1975b) is further amended by adding at the end the
following:
``(g) Independent Audit.--Beginning with the fiscal year
ending September 30, 1998, and each year thereafter, the
Commission shall prepare an annual financial statement in
accordance with section 3515 of title 31, United States Code,
and shall have the statement audited by an independent
external auditor in accordance with section 3521 of such
title.''.
SEC. 6. TERMS OF MEMBERS.
(a) In General.--Section 2(c) of the Civil Rights
Commission Act of 1983 (42 U.S.C. 1975(c)) is amended by
striking ``6 years'' and inserting ``5 years''.
(b) Applicability.--The amendment made by this section
shall apply only with respect to terms of office commencing
after the date of the enactment of this Act.
SEC. 7. REPORTS.
Section 3(c)(1) of the Civil Rights Commission Act of 1983
(42 U.S.C. 1975a(c)(1)) is amended by striking ``at least one
report annually'' and inserting ``a report on or before
September 30 of each year''.
SEC. 8. SPECIFIC DIRECTIONS TO THE COMMISSION.
(a) Implementation of GAO Recommendations.--The Commission
shall, not later than June 30, 1998, implement the United
States General Accounting Office recommendations regarding
revision of the Commission's Administrative Instructions and
structural regulations to reflect the current agency
structure, and establish a management information system to
enhance the oversight and project efficiency of the
Commission.
(b) ADA Enforcement Report.--Not later than September 30,
1998, the Commission shall complete and submit a report
regarding the enforcement of the Americans with
Disabilities Act of 1990.
(c) Religious Freedom in Public Schools.--
(1) Report required.--Not later than September 30, 1998,
the Commission shall prepare, and submit under section 3 of
the Civil Rights Commission Act of 1983, a report evaluating
the policies and practices of public schools to determine
whether laws are being effectively enforced to prevent
discrimination or the denial of equal protection of the law
based on religion, and whether such laws need to be changed
in order to protect more fully the constitutional and civil
rights of students and of teachers and other school
employees.
(2) Review of enforcement activities.--Such report shall
include a review of the enforcement activities of Federal
agencies, including the Departments of Justice and Education,
to determine if those agencies are properly protecting the
religious freedom in schools.
(3) Description of rights.--Such report shall also include
a description of--
(A) the rights of students and others under the Federal
Equal Access Act (20 U.S.C. 4071 et seq.), constitutional
provisions regarding equal access, and other similar laws;
and
(B) the rights of students and teachers and other school
employees to be free from discrimination in matters of
religious expression and the accommodation of the free
exercise of religion; and
(C) issues relating to religious non-discrimination in
curriculum construction.
(d) Crisis of Young African-American Males Report.--Not
later than September 30, 1999, the Commission shall submit a
report on the crisis of young African-American males.
(e) Fair Employment Law Enforcement Report.--Not later than
September 30, 1999, the Commission shall submit a report on
fair employment law enforcement.
(f) Regulatory Obstacles Confronting Minority
Entrepreneurs.--Not later than September 30, 1999, the
Commission shall develop and carry out a study on the civil
rights implications of regulatory obstacles confronting
minority entrepreneurs, and report the results of such study
under section 3 of the Civil Rights Commission Act of 1983.
SEC. 9. ADVISORY COMMITTEES.
Section 3(d) of the Civil Rights Commission Act of 1983 (42
U.S.C. 1975a(d)) is amended by adding at the end the
following: ``The purpose of each such advisory committee
shall be to conduct fact finding activities and develop
findings or recommendations for the Commission. Any report by
such an advisory committee to the Commission shall be fairly
balanced as to the viewpoints represented.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida (Mr. Canady) and the gentleman from Virginia (Mr. Scott) each
will control 20 minutes.
The Chair recognizes the gentleman from Florida (Mr. Canady).
General Leave
Mr. CANADY of Florida. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Mr. CANADY of Florida. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, H.R. 3117, the Civil Rights Commission Act of 1998,
reauthorizes the U.S. Commission on Civil Rights through fiscal year
2001, and institutes reforms to help ensure that the commission will be
more effective in pursuing its important mission.
The Committee on the Judiciary considered this legislation on March 3
of
[[Page H1255]]
this year, adopted 1 amendment by voice vote, and reported the bill
favorably to the full House by voice vote.
The Civil Rights Commission is an independent, bipartisan commission
originally established by the Civil Rights Act of 1957. The
Commission's statutory authorization expired on September 30 of 1996. I
am pleased that we have developed bipartisan legislation making the
Civil Rights Commission more effective in carrying out its important
mission. It is fitting that a reauthorization bill is bipartisan, since
one of the strengths of the commission is its bipartisan nature.
The bill contains a number of provisions designed to strengthen and
improve the performance of the commission. The current statute is
silent as to the specific term of office for and accountability of the
Commission's Staff Director. Since the Staff Director apparently wields
considerable power within the Commission, it is important that the
Staff Director be accountable to the appointed members of the
Commission. Accordingly, section 3 of the bill provides for a 4-year
term of office for the Staff Director, and requires that the Commission
annually review the performance of the Staff Director.
Section 4 of our bill applies the Freedom of Information Act, the
Privacy Act, the Sunshine Act, and the Federal Advisory Committee Act
to the Commission's operations. These laws are designed to ensure that
government conducts its operations in the spirit of openness, respect
for the civil rights of individuals, and equal access. The Civil Rights
Commission should comply with all of these important laws.
In a June, 1997, report the U.S. General Accounting Office found that
the Commission's management controls over its operations are weak and
do not ensure that the Commission is able to meet its statutory
responsibilities, its spending data is not maintained by officer
function, and furthermore, that its operations have not been audited by
an outside accounting firm.
Every governmental entity should periodically review its fiscal
operations, and the Commission is certainly no exception. Accordingly,
section 5 of our bill requires that the Commission prepare an annual
financial statement for audit by an independent external auditor.
Section 6 changes the term of membership for future commissioners
from its current 6 years to 5 years. Under this section, existing
commissioners' terms are unaffected, and there is no limit to the
number of times a commissioner can be reappointed. Reduced term length
could help to energize the Commission, bring in new perspectives, and
make the Commission more effective and responsive.
Section 8 requires the Commission to implement the General Accounting
Office recommendations calling for revision of the Commission's
structural regulations to reflect the current agency structure, and for
the establishment of a management information system to enhance the
efficiency of the Commission. GAO identified these reforms as necessary
for the continued viability of the Commission, which the GAO had termed
an agency in disarray.
Current law provides that Congress may require the Commission to
submit reports as Congress shall deem appropriate. Throughout the
Commission's history, Congress has identified specific projects for the
Commission to complete. In line with this practice, section 8 of our
bill requires the Commission to complete its report regarding the
enforcement of the Americans with Disabilities Act, its report
regarding religious freedom in the schools, its report on the crisis of
young African American males, its report on fair employment law
enforcement, and its work on the civil rights implication of regulatory
obstruction confronting minority entrepreneurs.
These are all projects the Commission itself has independently chosen
to conduct, so this provision merely ensures timely completion of the
work which the Commission has initiated on these projects.
Section 9 sets forth the purpose of the Commission's State advisory
committees, which is to conduct fact-finding activities and develop
findings or recommendations by the Commission, and provides that any
report by such advisory committee to the Commission shall be fairly
balanced as to the viewpoints represented.
Again, we believe that the bipartisan nature of the Commission is its
strength, and it is important that this viewpoint balance be reflected
at all levels of the Commission's work.
Finally, I want to thank the gentleman from Virginia (Mr. Scott), the
ranking member of the Subcommittee on the Constitution, for his
leadership and work in developing this legislation. I think it is
important that we move forward with the reauthorization of the Civil
Rights Commission with necessary reforms which are contained in the
legislation. I think this will be good for the Commission and good for
advancing the agenda of civil rights in this country.
Mr. Speaker, I reserve the balance of my time.
{time} 1100
Mr. SCOTT. Mr. Speaker, I yield myself such time as I may consume.
I rise in favor of H.R. 3117, the Civil Rights Commission Act of
1998. The United States Commission on Civil Rights was established in
1959 to provide the country with advice and counsel on how to best
address our still complex and persevering problems in civil rights.
Although the Commission was initially intended to last only 2 years,
because of its importance and good work, it still serves as a valuable
tool in our war against bigotry. In recent years the Commission has
held hearings and released reports on issues such as church burnings,
employment discrimination, police brutality and hate crimes. In
addition, the Commission has made plans to study disability
discrimination and the religious freedom in schools.
The Commission's work on Title VI of the Civil Rights Act is
particularly timely. Title VI prohibits discrimination on the basis of
race and national origin in federally-assisted programs. After
extensive study of Justice Department's Title VI enforcement efforts,
the Commission concluded that the Justice Department's enforcement
efforts were inadequate.
As a result of this report, the Justice Department has improved its
Title VI enforcement program, and other Federal and State agencies have
made significant improvements as well. The Department of Agriculture
has relied heavily on this report in its response to the problem of
discrimination against black farmers. No other agency provides this
crucial information. Without civil rights, without the Civil Rights
Commission, one would wonder how thoroughly such concerns and
underenforcement and noncompliance would be addressed.
Mr. Speaker, last year, as the chairman of the subcommittee has
indicated, the General Accounting Office released a report on the Civil
Rights Commission. The report pointed out a number of management and
organizational problems and made recommendations on how the Commission
could best address these concerns.
The Commission has actively moved to initiate all of the GAO's
recommendations. Its management information system will soon be
operational. This will allow greater accountability in program
management. In addition, the Commission is in the process of
implementing other GAO recommendations which provide, which will
provide greater public access to the information and processes of the
Commission and will better ensure staff compliance with Commission
rules and regulations.
The Commission has graciously responded to the GAO's recommendations,
and therefore we will enjoy an even stronger Commission.
Mr. Speaker, the Commission has some tough work ahead of it. I look
forward to the Commission continuing its unyielding fight against
discrimination that still divides this country. In addition, I look
forward to the Congress's full and continued support of the Civil
Rights Commission.
Finally, Mr. Speaker, I would like to thank the chairman of the
subcommittee, the gentleman from Florida, for his efforts and work in a
bipartisan nature to make sure that the Commission was not politicized.
We have worked together in this reauthorization effort. I would like to
thank him again for working in a bipartisan effort.
Mr. Speaker, I yield 5 minutes to the gentlewoman from Texas (Ms.
Jackson-Lee).
[[Page H1256]]
Ms. JACKSON-LEE of Texas. Mr. Speaker, to both the chairman and
ranking member, I, too, want to add my appreciation for the cooperative
bipartisan effort of reauthorizing the Civil Rights Commission Act and
as well continuing the funding until 2001. Dr. Berry and the
Commissioners who presently serve and have served in the past have had
awesome responsibility. I appreciate their leadership on the question
of civil rights.
Many times in an acrimonious debate the question arises, why do we
need an United States Civil Rights Commission? I am delighted that this
Committee on the Judiciary through the Subcommittee on the Constitution
has seen fit to continue the work of this body that, for those who may
not be aware, covers issues involving charges of citizens being
deprived of voting rights because of color, religion, sex, age,
disability or national origin.
This Commission also collects and studies information concerning
legal developments on voting rights, monitors the enforcement of
Federal laws and policies from a civil rights perspective, and serves
as a national clearinghouse for information. I believe that it is
extremely important as our country becomes increasingly diverse that
there is a commission that overseas and protects these very important
rights.
I also think, as the GAO agency report, that there are and is room
for improvement. I do not believe that the report focused on the lack
of intent or the commitment of the Civil Rights Commission, but
certainly I believe that the process of including and establishing a
computerized management information system and updating internal
management communication procedures is a good procedure.
I also think that it is very helpful, and I thank the committee for
directing the Commission to prepare by September 30 reports on
religious freedom, antidiscrimination policies and practices in public
schools, the crisis among young African American males, regulatory
obstacles facing minority entrepreneurs and enforcement of the
Americans with Disabilities Act.
In particular with the religious freedom question and as it relates
to those in public schools, as I am not in support of the religious
freedom amendment that is being proposed, one of the reasons is because
I say we do have religious freedom. We have the first amendment. Many
times the interpretations in our local communities and public schools
are excessive in terms of not allowing people to worship and to freely
express their commitment to religion. I hope that this study by the
U.S. Civil Rights Commission will give us the ammunition that the first
amendment does right, and that those problems that are isolated
throughout our Nation can be corrected by local influence.
Then I would simply say that it is extremely important as I work with
young African American males in this country and in this community that
we focus on the crises of discrimination with respect to African
American males. In particular as they travel about the highways and
byways are they targeted by law enforcement because of no uncertain
reasons. As they move in and out of neighborhoods, are they targeted;
are they targeted as they go into the shopping malls of America? It is
extremely important that we focus on their improvement and their
growth.
Then, Mr. Speaker, I would simply like to say I hope that the Civil
Rights Commission will help us in explaining to the American people the
crucial and viable importance of renewing the Voter Rights Act of 1965.
As late as the mayoral election in 1997, when Lee P. Brown ran in
Houston, Texas, we found a circumstance of voter rights violation, of
adding people to the rolls, of adding votes to the compilation that
people who had not even voted, of accusations and charges circling
around the question of race. We are delighted that he was elected, but
we realize that there are problems. The latest congressional races in
Texas we also saw discrimination and voter intimidation.
Barbara Jordan, when she was in this body, had the pleasure of
amending the Voter Rights Act of 1965 to include language minorities.
We saw the tragedy of the Loretta Sanchez intimidation process. I truly
believe that we are not ready to eliminate the Voter Rights Act that
was passed in 1965. The Civil Rights Commission in its duties will have
the responsibility and the obligation to document voter rights
violations and will require us, I think, to have the basis, to have the
documentation necessary to hopefully have a vigorous and serious debate
on the importance of renewing the Voter Rights Act.
I would simply close, Mr. Speaker, by saying one thing in conclusion
related to this whole process of court appointments which I spoke about
earlier. Tragically we find that the criticism of Judge Massiah-Jackson
dealt with possible vulgarities which I have no knowledge of and soft
on crime. I will say that she was noted as giving some of the highest
sentences of any judge.
I think the important point is we wonder about what has been said by
judges of years past still on the bench in the deep South when
vulgarities were talked about by various judges as it related to those
civil rights workers and African Americans who were pressing forward
for their rights. With that I would say that it is important that the
Civil Rights Commission continues to monitor these violations and
hopefully that it will give us the momentum to renew the Voter Rights
Act that needs to be renewed.
The Commission that we seek to reauthorize here today was created in
1957, at a time in our nation's history when the notion of universal
civil rights was still in doubt. Even though just over two scores
later, we have made great strides in the area of civil rights, the
distance we still have to travel is nonetheless significant. Therefore,
Mr. Speaker, I rise in support of H.R. 3117 and the reauthorization of
the Civil Rights Commission.
While I certainly support the reauthorization of this Commission, I
have some serious questions about both the language of this bill and
the delays that this reauthorization action has faced thus far in the
legislative process. In particular, some of the restrictions on the
purview of the Commission in language of this bill concern me greatly.
The reduction in length of Commissioners' terms and the short duration
of this reauthorization bill seem to reflect a diminishing regard for
civil rights in this Congress.
As is often the case in a serious discussion about civil rights, I
return to the famous legal phrase of ``Where there's a right, there's a
remedy.'' There is absolutely a right for Americans to be free from
infringement upon their civil rights. When these rights are violated,
victims are entitled to a remedy. The Commission on Civil Rights
provides one such remedy. The Commission investigates charges of civil
rights violations, collects information on voting rights, monitors law
enforcement activities, and educates the public on civil rights issues.
It is also imperative that we renew the Voting Rights Act when it is up
for renewal next year. Last night in a special order we celebrated the
33rd anniversary of the Selma March which was held so that every
American citizen can exercise his right to vote. We must renew the
Voting Rights Act of 1965. Why are we not supporting these efforts with
every possible resource?
We should not allow ideological differences over issues such as
affirmative action to cloud the debate over this particular bill. Of
course, I believe that the very fact that the existence of
discrimination exists to the extent that this Commission is still so
necessary evidences the need for continued affirmative action. However,
whatever your perspective, the positive activities of this Commission
cannot be overlooked.
The Commission has had some organizational and managerial issues that
it is currently remedying. We cannot allow administrative problems to
overshadow the substantive good work accomplished by the Commission on
Civil Rights. Attempts to distract our focus from the investigatory and
educational accomplishments of the Commission are rooted in either an
opposition to, or an apathy about, equal civil rights for all
Americans.
This bill contains provisions directing the Commission on Civil
Rights to complete certain reports. I will be particularly interested
in the results of the studies on the crisis confronting young African
American males, fair employment law enforcement, and regulatory
obstacles facing minority entrepreneurs. In light of all of these
things, with my points of hesitancy duty noted, I still support this
reauthorization initiative, so that our tomorrows might be brighter
than our yesterdays.
Mr. CONYERS. Mr. Speaker, I strongly support the United States
Commission on Civil Rights, and support this bill to reauthorize the
Commission. However, I am concerned that, while the legislation places
deadlines for reporting, the Commission remains underfunded and without
the resources necessary to complete its many essential functions.
[[Page H1257]]
Congress has consistently appropriated funds to the Commission below
the President's authorization request, leaving the Commission year
after year with inadequate resources to carry out its directive of
investigating charges of citizens deprived of their civil rights,
monitoring the enforcement of Federal civil rights laws, and serving as
a national clearinghouse for information related to discrimination.
With no specified funding level, the proposed legislation increases the
possibility that Congress will continue its pattern of underfunding an
important and critical component of this Nation's goal of eliminating
discrimination in all its ugly forms.
Moreover, there is no indication that the Majority is prepared to
support increased funding for the Commission as requested in the FY
1999 Budget. In fact, in its Estimates and Views on the 1999 Budget,
the Majority remains noncommittal on the appropriateness of the
President's request of $11 million funding request. However, each year,
the Congress continues to underfund the Commission. Last year, the
Commission requested $11 million, but was only appropriated $8.75
million.
While increased congressional oversight over the Commission may be
warranted, it is irresponsible for the Committee to place additional
burdens on the Commission and yet continue to overlook the need for
full funding of the Commission. It is an unnecessary and intrusive
requirement to have the Commission constantly under the obligation of
responding to the many requests made by the Majority, but without any
provision for the funds necessary to perform its duties effectively.
The Majority has consistently focused on the problems associated with
enforcement of our civil rights laws and insists that discrimination is
no longer the problem it was 30 years ago. However, there is no
question that the need for the Commission is greater than ever before.
Discrimination continues to be a persistent problem in American
society, and the role of the Civil Rights Commission plays a crucial
part in fighting it. Instead of continually scrutinizing perceived
defects in remedies to discrimination, we need to examine the
persistent, invidious, intractable and often disguised nature of race
and gender discrimination that is an undeniable fact in America today.
This is what the U.S. Commission on Civil Rights was established to do,
and Congress has an obligation to provide it with the necessary
resources to do so.
Mr. SCOTT. Mr. Speaker, I yield back the balance of my time.
Mr. CANADY of Florida. Mr. Speaker, I yield back the balance of my
time.
The SPEAKER pro tempore (Mr. McInnis). The question is on the motion
offered by the gentleman from Florida (Mr. Canady) that the House
suspend the rules and pass the bill, H.R. 3117, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________