[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.

                          ____________________