[House Report 109-195]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-195

======================================================================
 
  EXPRESSING THE SENSE OF THE CONGRESS THAT, AS CONGRESS OBSERVES THE 
 40TH ANNIVERSARY OF THE VOTING RIGHTS ACT OF 1965 AND ENCOURAGES ALL 
  AMERICANS TO DO THE SAME, IT WILL ADVANCE THE LEGACY OF THE VOTING 
 RIGHTS ACT OF 1965 BY ENSURING THE CONTINUED EFFECTIVENESS OF THE ACT 
             TO PROTECT THE VOTING RIGHTS OF ALL AMERICANS

                                _______
                                

   July 27, 2005.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

 Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                    [To accompany H. Con. Res. 216]

    The Committee on the Judiciary, to whom was referred the 
concurrent resolution (H. Con. Res. 216) expressing the sense 
of the Congress that, as Congress observes the 40th anniversary 
of the Voting Rights Act of 1965 and encourages all Americans 
to do the same, it will advance the legacy of the Voting Rights 
Act of 1965 by ensuring the continued effectiveness of the Act 
to protect the voting rights of all Americans, having 
considered the same report favorably thereon without amendment 
and recommend that the concurrent resolution be agreed to.

                          PURPOSE AND SUMMARY

    The purpose of H. Con. Res. 216 is to express the sense of 
Congress that, as Congress observes the 40th Anniversary of the 
Voting Rights Act of 1965 and encourages all Americans to do 
the same, it will advance the legacy of the Voting Rights Act 
of 1965 by ensuring the continued effectiveness of the Act to 
protect the voting rights of all Americans.

                BACKGROUND AND NEED FOR THE LEGISLATION

    On August 6, 1965, President Lyndon B. Johnson signed into 
law one of the most significant pieces of civil rights 
legislation in our Nation's history--the Voting Rights Act 
(VRA).\1\ The VRA was enacted in response to widespread 
discrimination experienced by African American voters and has 
since become one of the most comprehensive and successful 
pieces of legislation to pass Congress, retaining the support 
of both Republicans and Democrats alike.
---------------------------------------------------------------------------
    \1\ See President Lyndon Johnson, Address to Congress (March 15, 
1965).
---------------------------------------------------------------------------
    Over the last 40 years, the VRA has come to represent the 
sacrifice and struggles of the civil rights movement. It has 
been instrumental in restoring the meaning of equality under 
the laws and ensuring that the rights provided by the 
Constitution, including the right to vote, are afforded to all 
Americans.
    Prior to the passage of the VRA, African-Americans and 
other minorities experienced barriers in their every attempt to 
exercise their right to vote. Discrimination occurred through 
both insidious and disingenuous means such as literacy tests, 
complex ballots, and out of the way polling places. The impact 
of these disenfranchisement efforts were devastating, severely 
limiting the ability of African-Americans to participate in the 
political process.\2\ The Civil Rights Acts of 1957 and 1960 
were largely considered inadequate to addressing the barriers 
to voting, thus fostering the need for more comprehensive 
reform.\3\
---------------------------------------------------------------------------
    \2\ CRS Report for Congress, The Voting Rights Act of 1965, as 
Amended: Its History and Current Issues, November 4, 2004 at 4.
    \3\ Id. at 6.
---------------------------------------------------------------------------
    Since it's enactment the VRA has guaranteed the rights 
afforded by the 15th Amendment to all Americans and has 
hampered the ability of jurisdictions to continue past 
discriminatory practices to continue past practices. The VRA 
has been amended on four separate occasions in 1970, 1975, 
1982, and 1992 each time addressing new faces of 
discrimination. Certain provisions of the VRA of 1965 are set 
to expire in 2007.
    The VRA has been instrumental in increasing voter 
registration among all minorities and relatedly has increased 
the number of minorities elected to public office. It is widely 
considered to be one of the most effective pieces of 
legislation in our country's history. It has helped millions of 
Americans realize the equality that our founders envisioned and 
our Constitution enshrined. This concurrent resolution 
recognizes this historic achievement.

                                HEARINGS

    The Committee on the Judiciary held no hearings on H. Con. 
Res. 216.

                        COMMITTEE CONSIDERATION

    On July 27, 2005, the Committee met in open session and 
ordered favorably reported the resolution H. Con. Res. 216 
without an amendment by a by a voice vote, a quorum being 
present.

                         VOTE OF THE COMMITTEE

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee notes that there 
were no recorded votes during the committee consideration of H. 
Con. Res. 216.

                      COMMITTEE OVERSIGHT FINDINGS

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               NEW BUDGET AUTHORITY AND TAX EXPENDITURES

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

                        COMMITTEE COST ESTIMATE

    In compliance with clause 3(d)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee believes H. Con. 
Res. 216 will have no cost for the current fiscal year 2005, 
and that there will be no cost incurred in carrying out H. Con. 
Res. 216 for the next five fiscal years.

                    PERFORMANCE GOALS AND OBJECTIVES

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
purpose of H. Con. Res. 216 is to express the sense of Congress 
that, as Congress observes the 40th anniversary of the Voting 
Rights Act of 1965 and encourages all Americans to do the same, 
it will advance the legacy of the Voting Rights Act of 1965 by 
ensuring the continued effectiveness of the Act to protect the 
voting rights of all Americans.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Clause 3(d)(1) of rule XIII of the Rules of the House of 
Representatives, does not apply as this is a concurrent 
resolution.

               SECTION-BY-SECTION ANALYSIS AND DISCUSSION

    The following discussion describes the bill as reported by 
the Committee.
    The first preambular clause provides that Americans, both 
known and unknown, risked their lives to stand up against 
racial discrimination and to seek political equality.
    The second preambular clause provides that Americans 
sacrificed a great deal including their lives to ensure that 
guarantees provided by the 14th and 15th Amendments were 
applicable to all citizens.
    The third preambular clause provides that on Sunday, March 
7, 1965, known as ``bloody Sunday,'' there was a clarion call 
to the Nation to fulfill its promise.
    The fourth preambular clause provides after Bloody Sunday, 
President Lyndon B. Johnson called for a comprehensive and 
effective voting rights bill as a necessary response by 
Congress and the President to the interference and violence, in 
violation of the 14th and 15th amendments, encountered by 
African American citizens when attempting to protect and 
exercise the right to vote.
    The fifth preambular clause provides that on August 6, 
1965, President Lyndon B. Johnson signed this landmark 
legislation into law.
    The sixth preambular clause provides that the Voting Rights 
Act of 1965 stands as a tribute to the heroism of countless 
Americans, serves as one of the most important civil rights 
victories, and has empowered all Americans to participate in 
the political process.
    The seventh preambular clause provides that the Voting 
Rights Act of 1965 reinforces the guarantees of the 15th 
Amendment.
    The eighth preambular clause provides that the Voting 
Rights Act of 1965 was amended in 1975 to include language 
minority citizens and again in 1982 to protect voters with 
disabilities.
    The ninth preambular clause provides that the Voting Rights 
Act of 1965 has helped advance democracy in America by 
encouraging all citizens to participate in the political 
process and by providing them with the opportunity to elect 
representatives on the Federal, State, and local level.
    The tenth preambular clause provides that the Voting Rights 
Act of 1965 has been instrumental in increasing voter 
registration among racial, ethnic, and language minorities and 
has enhanced the ability of those to participate in the 
political process, which is reflected in the 81 African 
American, Latino, Asian, and Native American Members of 
Congress and thousands of minority State and local officials.
    The eleventh preambular clause provides that obstacles 
still remain, hence the continued importance of the Voting 
Rights Act of 1965.
    The twelfth preambular clause provides that the Voting 
Rights Act of 1965 provides extensive voter protections 
including those found in Section 2, Section 201, Section 5, 
Sections 6-9, and Section 203.
    The thirteenth preambular clause provides that certain 
provisions of the Voting Rights Act of 1965 will expire in 
2007, unless reauthorized by Congress.
    The fourteenth preambular clause provides that our 
democracy at home and efforts to promote democracy abroad are 
contingent on the complete effectiveness of the Voting Rights 
Act of 1965.
    The fifteenth preambular clause provides that 2005 marks 
the 40th anniversary of the Voting Rights Act of 1965 and its 
substantial achievement in protecting the right to vote, but 
continued efforts must be made to protect the rights of all 
Americans.
    The sixteenth preambular clause provides that the Voting 
Rights Act of 1965 has been hailed as the most successful civil 
rights achievement.
    The resolved clause provides that it is the sense of 
Congress that it:
    (1) observe and celebrate the 40th Anniversary of the 
enactment of the Voting Rights Act of 1965;
    (2) pledge to advance the legacy of the Voting Rights Act 
of 1965 to ensure its continued effectiveness in protecting the 
voting rights of all Americans;
    (3) encourage all Americans to celebrate the 40th 
Anniversary of the Voting Rights Act of 1965.

            CHANGES IN EXISTING LAW BY THE BILL, AS REPORTED

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, the Committee notes H. Con. Res. 
216 makes no changes to existing law.

                                  
