possible a periodic audit of the extent to which our civil rights are secure. If it did this and served as a clearinghouse and focus of coordination for the many private, state, and local agencies working in the civil rights field, it would be invaluable to them and to the Federal Government.

Both Presidents Truman and Eisenhower recommended to the Congress the establishent of such a Commission.

Title I of the Civil Rights Act of 1957, the first civil rights law enacted in the 20th century, established the U.S. Commission on Civil Rights as an independent, bipartisan, fact-finding agency for a 2-year term. The Commission was empowered to investigate allegations that U.S. citizens were being denied the right to vote because of their color, race, religion, or national origin; to study and collect information concerning legal developments constituting a denial of equal protection of the laws under the Constitution; and to appraise the laws and policies of the Federal Government with respect to equal protection of the laws under the Constitution. The Commission was authorized to subpena witnesses and to place them under oath in connection with any public hearings it might decide to hold.

Both the life and mandate of the Civil Rights Commission have been extended by amendments to the 1957 Civil Rights Act.

In 1964, the Commission was authorized to serve as a national clearinghouse for civil rights information. At the same time, the Commission's mandate was extended to include denials of the equal protection of the laws in the administration of justice.

In 1972, on the occasion of the sixth and most recent extension of its life, the Commission's substantive jurisdiction was expanded to include sex discrimination.

Congress in 1975 mandated that the Commission carry out a special 11/2-year study of age discrimination in the delivery of services supported by Federal funds, an area outside the Commission's current legal jurisdiction.

The purpose of this special report to Congress and the President is to identify examples of age discrimination and to provide a foundation for the development of regulations to implement the Age Discrimination Act of 1975, which is a statutory prohibition against such discrimination in programs receiving Federal funds.

During the last 20 years, the Commission has sought to exercise leadership in the area of civil rights in the following two major areas. First, by conducting in-depth studies of civil rights issues, evaluating the evidence obtained through formal studies and public hearings and then transmitting findings and recommendations to the Congress and the President.

Second, by monitoring the work of Federal departments and agencies that are responsible for the implementation of civil rights laws, evaluating the evidence obtained as a result of these monitoring activities and then transmitting findings and recommendations to the President and to the Congress.

The Commission at all times has endeavored to stay on the cutting edge of the issues it has confronted, to identify and commend those who have been responsible for dealing with these issues in a manner consistent with the Constitution of the United States and, at the same time, to identify and take issue with those who have either erected or refused to remove roadblocks that deny the equal protection of the laws to our citizens.

Leaders of the civil rights movement in and out of the Congress have succeeded in this 20-year period in bringing about the enactment of sound legislation. The courts of the Nation have rendered decisions which have provided a solid foundation for action programs.

As a Nation, we are now engaged in efforts designed to implement these laws and these decisions. These efforts lead to vigorous opposition on the part of those who want to preserve the status quo and, in so doing, undermine the Constitution.

At no time in our history has it been more important to expose this opposition and to help and assist those who are willing to provide the leadership that is so essential if the rhetoric of the Constitution is going to lead to action-action that will open up opportunities for today's citizens in such areas as housing, employment, education, and that will protect the civil rights of all citizens in the administration of justice.

In the last five years, the Commission has released to the public over 190 reports covering a wide range of civil rights subjects. These reports have been based upon information and data gathered by the Commission's professional staff, through Commission hearings and consultations and through the work of State advisory committees to the Commission.

The Commission's reports constitute a comprehensive source of information on the Nation's civil rights problems and progress, or lack of progress, in dealing with these problems.

Many of the Commission's reports can be grouped under the following headings:

Housing an area where the Nation has refused to confront in a vigorous and effective manner the denial to minorities of equal access to decent housing; an area where the items on the agenda of unfinished business far exceed those that have been completed.

Employment-an area where statistics on both employment and unemployment and on economic status make it clear that although we have learned how to put affirmative action plans on paper, we have a long way to go in obtaining commitments on the part of both public and private employers that will lead to the plans being implemented in such a manner that minorities and women will have equal opportunities for jobs.

Education-an area where we have a long distance to travel before children and young people will have the equal access to educational opportunities that can only come as a result of desegregation of our school and the implementation of policies that lead to successful integration of our educational programs.

Administration of justice an area where any familiarity, for example, with the operation of police departments or the operation of correctional institutions makes clear that many in positions of responsibility still believe that the enforcement of civil rights should be subordinated to other considerations.

Civil rights enforcement an area where eternal vigilance is required if legislation and judicial victories which have been won in such areas as voting rights, housing, employment, and education are not to be undermined.

I have an attachment which is a brief identification of some of our more important reports during the last 5 years under each one of these headings.

The U.S. Commission on Civil Rights is the only agency in the Federal Government which is exclusively concerned with the full range of matters relating to civil rights. The Commission, however, identifies existing studies and current research efforts by other departmental agencies before undertaking a project of its own. It is only when the Commission finds that existing studies or current research projects do not adequately address a specific civil rights problem that we undertake a study of our own. When we carry out a research project, we do not ignore the related studies we have identified, but rather attempt to build upon and supplement them.

The reports of the Civil Rights Commission have been utilized by the Nation's lawmakers in designing legal safeguards for the civil rights of the American people.

The Civil Rights Acts of 1960, 1964, and 1968 and the Voting Rights Act of 1965 embody some of the Commission's recommendations for legislative action. More recent statutes such as the 1975 amendments to the Voting Rights Act, the Equal Credit Opportunity Act, the Civil Rights Attorneys' Fees Act, the nondiscrimination provisions of the State and Local Fiscal Assistance Act, and the Mortgage Loan Disclosure Act represent the legislative fulfillment of some of the Commission's concerns.

In 1969, the Commission began publishing an evaluation of the Federal civil rights enforcement effort. In the last 3 years, the Commission has researched and released a seven-volume series of enforcement effort reviews of regulatory agencies, housing, education, revenue sharing, employment, federally assisted services programs, and the Executive Office.

The value of an independent evaluation of Federal civil rights enforcement is illustrated by considering the report, "To Eliminate Employment Discrimination," the fifth volume of our most recent series on civil rights enforcement.

This 672-page study of the Government's enforcement of equal employment laws and executive orders was published in 1975. The report not only identified specific deficiencies in the performance of individual agencies but also analyzed the overall statutory and administrative system of equal employment opportunity enforcement.

The Commission found that the current equal employment opportunity system was inherently and unnecessarily complex and confusing and that it did not effectively serve victims of discrimination, employers or ultimately the American people.

Accordingly, a broad-scale consolidation and restructuring of equal employment opportunity enforcement was proposed.

Following the issuance of our report, the House Subcommittee on Equal Opportunity held extensive hearings on equal employment opportunity enforcement. On the basis of its hearings, the subcommittee issued a staff report containing recommendations essentially parallel to those of the Commission. Likewise, the Congressional Black Caucus engaged in a study of equal employment opportunity enforcement and generally concluded that major consolidation and restructuring was

needed.

Finally, within a month of taking office, President Carter announced his intention to reorganize equal employment opportunity enforcement. The President subsequently established a task force in the Office of Management and Budget to carry out a reorganization of civil rights enforcement and directed the task force to prepare first a plan for equal employment opportunity reorganization.

At the request of the Office of Management and Budget, we have updated our 1975 report.

The attachment to this statement dealing with the Commission reports reflects the fact that much of the Commission's work in the last 5 years, as during earlier periods of the agency's life, has been devoted to the study of school desegregation.

In 1973, for example, the Commission published a report entitled, "School Desegregation in Ten Communities," which reviewed the desegregation experiences of school systems as diverse as Pontiac, Mich., and Glynn County, Ga.

In March 1975, the Commission authorized a team of lawyers and social scientists to begin a full-scale investigation of public school desegregation in Boston, Mass. This 4-month investigation was followed by a week of formal public hearings during which the Commission heard the testimony of students, parents, teachers, school administrators, public officials, and citizens representing the views of all segments of the Boston community.

On the basis of this investigation and hearing, the Commission published a report of detailed findings and recommendations.

In view of the continuing controversy and misunderstanding regarding the legal, educational, and social facts of school desegregation, the Commission initiated a nationwide study in late 1975.

In addition to utilizing data gathered in the earlier Boston hearing, the Commission conducted formal public hearings in Denver, Colo.; Tampa, Fla.; and Louisville, Ky.

Each of the hearings was preceded by intensive staff research, and several thousand persons were interviewed. The Commission's State advisory committees held open meetings in four additional communities to review the desegregation process of the local school systems. The advisory committees and regional commission staff also prepared 29 community case studies of school desegregation.

Finally, the Commission conducted a survey of over 1,000 school superintendents responsible for educational systems across the country.

In August 1976, the Commission released a report entitled, "Fulfilling the Letter and Spirit of the Law: Desegregation of the Nation's Public Schools," which contained the findings of this national study effort.

Above all, the study revealed that:

In most communities, desegregation has gone peacefully and smoothly. For every Boston and Louisville, there are dozens of other communities which have received no headlines and attracted no television coverage where desegregation is proceeding without major incident.

The report also identified difficulties in individual communities and patterns of problems which impede successful school desegregation and interfere with the educational process.

By objectively identifying not only existing problems but also the factors which contribute to successful school desegregation, the report presented solid, practical information to assist citizens and public officials who are concerned about and responsible for the education of the Nation's youth.

Following publication of our national school desegregation study, the Commission held a public hearing in Los Angeles in December 1976. Los Angeles is preparing to desegregate its public school system pursuant to a California court order.

Our California State advisory committee, a citizens committee on school integration appointed by the Los Angeles Board of Education, and the mayor suggested that we hold a hearing prior to the development of a specific desegregation plan. A 264-page report based on the Los Angeles hearing and preliminary staff research was published in May of this year.

With regard to extending the life of the Commission: Minorities and women continue to experience discrimination in virtually all facets of American life. Minorities and women are still excluded from many of our Nation's jobs, educational opportunities, and housing markets. Moreover, they receive relatively inferior health care, are disproportionately subject to legal injustice, and are denied their rightful share of the benefits provided by all levels of government.

This Commission is prepared, Mr. Chairman, to stay on the cutting edge of these issues and to continue to make findings and recommendations based on a careful evaluation of relevant evidence. It is also prepared to continue to perform an oversight function relating to the Federal departments and agencies that have been given the responsibility for the enforcement of civil rights laws.

There has been progress in the civil rights area, but much remains to be done.

Thank you.

Senator BAYH. Thank you, Dr. Flemming.

Do the other members of the Commission care to make observations or statements at this time?

Mr. SALTZMAN. I would just like to thank you, Senator Bayh, and this committee for its support of our Commission and for your good wishes in the past and for your continuing efforts to enable the Commission to be an effective instrument of our Government and our Nation in administering and monitoring its responsibilities.

Thank you.

Senator BATH. Thank you, Rabbi.

I have more than just a passing appreciation of your role since you are a constituent of mine. I am proud our State is represented so ably. Ms. Freeman?

MS. FREEMAN. I just want to say that I have served on the Commission since 1964. It has been quite an experience.

I have seen this Commission change and grow, and we have tried to deal with all of the issues as they have developed.

I just want to express my appreciation to the committee for its involvement and the support.

Senator BAYH. We are grateful for your long tenure of service and for the work done by you as a commissioner during that time, Ms. Freeman. It has been quite a task, and I appreciate your willingness to undertake it.