2

1 inserting in lieu thereof the following: "in accordance 2 with section 5703 of title 5".

3 (b) Section 103 (b) of the Civil Rights Act of 1957 4 (42 U.S.C. 1975b. (b); 71 Stat. 635) is amended by strik5 ing out "in accordance with the provisions of the Travel 6 Expenses Act of 1949, as amended" and inserting in lieu 7 thereof the following: "in accordance with the provisions of 8 subchapter I of chapter 57 of title 5".

9 SEC. 3. (a) Section 104 (a) of the Civil Rights Act of 10 1957 (42 U.S.C. 1975c. (a); 71 Stat. 635) is amended by 11 striking out "and" at the end of clause (5), by redesignating 12 clause (6) and all references thereto, as clause (7), and by 13 inserting after clause (5) the following new clause:

"(6) study and collect information concerning legal developments constituting a denial of the equal protection of the laws under the Constitution on account of age, or with respect to handicapped individuals as defined by the second sentence of section 7 (6) of the Rehabilitation Act of 1973 (29 U.S.C. 706 (6); 87 Stat. 361), and appraise the laws and policies of the Federal Government with respect to such denials on ac

count of age, or with respect to handicapped individuals

as defined by the second sentence of section 7 (6) of

the Rehabilitation Act of 1973; and".

(b) Section 104 (b) of the Civil Rights Act of 1957

[The bill, S. 2300, was marked "Exhibit No. 1" and is as follows:]

95TH CONGRESS

1ST SESSION

[EXHIBIT NO. 1]

S. 2300

IN THE SENATE OF THE UNITED STATES

NOVEMBER 4 (legislative day, NOVEMBER 1), 1977

Mr. BAYI (for himself, Mr. HUMPIIREY, Mr. KENNEDY, Mr. BROOKE, Mr. ABOUREZK, Mr. METZENBAUM, Mr. MATHIAS, Mr. JAVITS,. and Mr. WILLIAMS) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To extend the Commission on Civil Rights for five years, to authorize appropriations for the Commission, to effect certain technical changes to comply with other changes in the law, and for other purposes.

1

Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "Civil Rights Commis4 sion Act of 1978".

5 SEC. 2. (a) Section 103 (a) of the Civil Rights Act of 6 1957 (42 U.S.C. 1975b. (a); 71 Stat. 635), is amended 7 by striking out "in accordance with section 5 of the Ad8 ministrative Expenses Act of 1946, as amended" and

2

1 inserting in lieu thereof the following: "in accordance

2 with section 5703 of title 5".

3

(b) Section 103 (b) of the Civil Rights Act of 1957 4 (42 U.S.C. 1975b. (b); 71 Stat. 635) is amended by strik5 ing out "in accordance with the provisions of the Travel 6 Expenses Act of 1949, as amended" and inserting in lieu 7 thereof the following: "in accordance with the provisions of 8 subchapter I of chapter 57 of title 5".

9 SEC. 3. (a) Section 104 (a) of the Civil Rights Act of 10 1957 (42 U.S.C. 1975c. (a); 71 Stat. 635) is amended by 11 striking out "and" at the end of clause (5), by redesignating 12 clause (6) and all references thereto, as clause (7), and by 13 inserting after clause (5) the following new clause:

"(6) study and collect information concerning legal developments constituting a denial of the equal protection of the laws under the Constitution on account of age, or with respect to handicapped individuals as defined by the second sentence of section 7 (6) of the Rehabilitation Act of 1973 (29 U.S.C. 706 (6); 87

Stat. 361), and appraise the laws and policies of the Federal Government with respect to such denials on account of age, or with respect to handicapped individuals

as defined by the second sentence of section 7 (6) of

the Rehabilitation Act of 1973; and".

(b) Section 104 (b) of the Civil Rights Act of 1957

3

1 (42 U.S.C. 1975c. (b); 71 Stat. 635), is amended by 2 striking out "1978" and inserting in lieu thereof "1983". 3 SEC. 4. Section 105 (a) of the Civil Rights Act of 1957 4 (42 U.S.C. 1975d. (a); 71 Stat. 636) is amended by 5 striking out "and who shall receive compensation at a rate, 6 to be fixed by the President, not in excess of $22,500 a 7 year".

8

SEC. 5. Section 105 (d) of the Civil Rights Act of 1957 9 (42 U.S.C. 1975 (d); 71 Stat. 636) is amended by striking 10 "sections 281, 283, 284, 434, and 1914 of title 18, and 11 section 190 of the Revised Statutes" and inserting in lieu 12 thereof "sections 203, 205, 207, 208, and 209 of title 18". 13 SEC. 6. Section 106 of the Civil Rights Act of 1957 14 (42 U.S.C. 1975e.; 71 Stat. 636) is amended to read as 15 follows:

16

17

"AUTHORIZATION OF APPROPRIATIONS

"SEC. 106. There are authorized to be appropriated

18 such sums as are necessary to carry out the provisions of 19 this Act.".

Senator BAYH. I have asked most of the witnesses to address all of these issues in their testimony, as well as the question of the retention of the Commission advisory committees in their present form. I look forward to the opinions and evidence to be offered by all of these expert witnesses.

This basically sums up the subcommittee chairman's-and I think the Judiciary Committee's-feeling that the battle to obtain full equality for all of our citizens has not been fully won, although there have been some victories.

The Civil Rights Commission has played an important role in this effort of not only pricking the public conscience to make the average citizen generally aware of the problems of discrimination and lack of full equality, but has also served as a launching pad for many of the successful efforts in this field.

I think it would be a grievous error not to finish this battle which has been fought for so long, and I hope that the committee and the Congress will share my belief.

We are fortunate this morning to have the Chairman, Dr. Arthur Flemming; Ms. Freeman; Rabbi Saltzman; Mr. Nunez; Ms. Edwards; and Mr. Baca here with us to initiate our hearings.

If you would proceed, Dr. Flemming, we would be very grateful. TESTIMONY OF DR. ARTHUR S. FLEMMING, CHAIRMAN, U.S. COMMISSION ON CIVIL RIGHTS; MURRAY SALTZMAN, COMMISSIONER; FRANKIE FREEMAN, COMMISSIONER; LOUIS NUNEZ, DEPUTY STAFF DIRECTOR; RICHARD BACA, GENERAL COUNSEL; AND LUCY EDWARDS, DIRECTOR, CONGRESSIONAL LIAISON UNIT, U.S. COMMISSION ON CIVIL RIGHTS

Dr. FLEMMING. We appreciate very much the opportunity of appearing before you in order to testify on S. 2300, proposed legislation which will extend the life of the Commission for 5 additional years, authorize appropriations for the Commission, effect certain technical amendments to comply with other changes in the law, and expand the Commission's jurisdiction to include age and handicap.

In 1946, President Harry S. Truman appointed a distinguished bipartisan committee to determine necessary measures for effective protection of the civil rights of the people of the United States. The result of the committee's study was the 1947 report: "To Secure These Rights." It included in its recommendations the establishment of a permanent Commission on Civil Rights.

The Truman committee articulated the need for such a Commission by stating:

In a democratic society, the systematic, critical review of social needs and public policy is a fundamental necessity. This is especially true of a field like civil rights, where the problems are enduring and range widely. From our own effort, we have learned that a temporary, sporadic approach can never finally solve these problems.

Nowhere in the Federal Government is there an agency charged with the continuous appraisal of the status of civil rights and efficiency of the machinery with which we hope to improve that status. There are huge gaps in the available information about the field. A permanent Commission could perform an invaluable function by collecting data. It could also carry on technical research to improve the fact-gathering methods now in use. Ultimately, this would make