Prepared statement of Ralph J. Perrotta, program consultant, The Na- tional Italian American Foundation, with enclosed excerpts from "The Page Challenge of Crime in a Free Society," and "Gambling in America". Letter from Clay L. Cochran, executive director, Rural America with a letter sent to Arthur Flemming.. Letter and additional comments from Leonard F. Walentynowicz, to Letter from Senator Edward W. Brooke, to Senator Birch Bayh... 'Comments on Report of the United States Civil Rights Commission on Abortional Rights," prepared by the Congressional Research Service, Jones, Dorothy S., acting cochairperson, Massachusetts Advisory Com- Smith, Marjorie K., chairperson, Maryland Advisory Committee, with Taracido, M. D., New York State Advisory Committee, with enclosures.. Wolfskill, Elizabeth, member, Pennsylvania State Advisory Commitee PART 5.-MATERIALS ON DENVER SCHOOL DESEGREGATION Keyes et al. v. School District No. 1, Denver, Colorado, et al.................. S. 2300-CIVIL RIGHTS COMMISSION ACT OF 1978 THURSDAY, DECEMBER 15, 1977 U.S. SENATE, SUBCOMMITTEE ON THE CONSTITUTION OF THE COMMITTEE ON THE JUDICIARY, Washington, D.C. The subcommittee met at 10:10 a.m., pursuant to notice, in room 2228. Dirksen Senate Office Building, Hon. Birch Bayh (chairman of the subcommittee) presiding. Present: Senators Bayh and Scott. Staff present: Nels Ackerson, chief counsel and executive director; Mary K. Jolly, staff director; Ben F. Dixon, professional staff member; Linda Rogers-Kingsbury, chief clerk. OPENING STATEMENT OF HON. BIRCH BAYH, A U.S. SENATOR FROM THE STATE OF INDIANA AND CHAIRMAN, SUBCOMMITTEE ON THE CONSTITUTION Senator BAYH. The hearing will come to order. Today, once again, we have before this subcommittee the question of whether we should extend for an additional 5-year period the United States Commission on Civil Rights. These hearings on S. 2300 will provide testimony and other evidence on this and several other related questions. I have no doubt that we will find that the Commission is indeed worthy of being renewed. I also have no doubt that there will be opposition to such an action. The Commission, by the very nature of its mandate, deals with areas of our national life that some would prefer to ignore or gloss over. The reality we face, unfortunately, is that America is not a perfect society. There are pockets of discrimination and prejudice remaining; but if our belief in the equality of man is real, we can make ours a much more perfect society. Since 1957, the Commission has been pointing to a real civil rights problem that would otherwise have remained in a corner of the "attic" of our national conscience-hidden, but still disgraceful. The Commission is a unique organization, both in the fact that it has neither enforcement nor funding powers and that it does not dwell on our successes, though it reports them, but rather is intended to point out our shortcomings. Since its only power is to recommend, the Commission must rely on the President and the Congress to acknowledge the existence of the wrongs found and to right them. I am proud to say that for the most part we, in the Congress, have faced the truth, even when it has been disagreeable; and more importantly, we have acted. It has been a long road from 1957, but it has been the right roadand a road mapped in large part by the Commission on Civil Rights. Besides issues of national importance, the Commission and its State advisory committees have looked into problems that have been important only to local groups of citizens. As with national issues, the Commission has been able to suggest ways of ending discriminatory practices in the States and cities. It is my hope that this vital function will continue. Moreover, the State advisory committees have provided a measure of "grassroots" input to the Commission which has helped focus the Commission's attention on problems and disputes that might have been lost in the wider scope of the Commission's work on the national scene. The legislation we are considering must allow the Commission to continue these services, either by retaining the State advisory committees or by requiring the proposed regional committees to focus their attention on the individual States. How the Commission is administered is of secondary, though important, interest to this subcommittee the most important factor is the accomplishment of the work itself. It is the agency, as Lyndon Johnson said, "that can gather facts instead of charges; it can sift out the truth from the fancies; it can return with recommendations that will be of assistance to reasonable men." I believe that statement succinctly describes the work the Congress needs to have done if it is to protect the rights of all citizens. Indeed, it describes the work that has been done by the Commission for the last 20 years. I hope it will do the same for at least another 5. The list of "assistance" the Commission has provided to "reasonable men," is so impressive it is almost overwhelming. Every major civil rights bill in modern times, except the Civil Rights Act of 1957, the 1965 Voting Rights Act and its extensions, are examples of the crucial role the Commission has played. I say without hesitation that without the Commission's research, the Voting Rights Act would not have been passed in 1965, extended in 1970, or expanded and extended in 1975. The country owes a great deal to the Commission for this effort and for others like it. Regrettably, I have heard opinions voiced that come to the opposite conclusion that the Commission is not needed. From a cursory examination of the Commission's record, some might say that its job is done. It has identified the past wrongs and ended them. I hope those of us in this subcommittee, the Judiciary Committee, the Senate, and the Congress would not be so quick in our conclusions. Today we stand at a point in guaranteeing the rights of all Americans which many never thought we could reach. It is easy now for some to say that the battles have been fought and won; that we have achieved equality for all. It is just as easy for others to point to past Civil Rights Acts and think of them, not as great achievements, hard won; but as obvious and easy steps that should have been taken to right longstanding wrongs. Many forget in the early years of the civil rights struggle and in the last decade the laws we passed were on issues that aroused great pas sions, great hatred, and great sacrifice. Then, as today, the Commission was at the forefront of that fight. In continuing to do its job, the Commission has not rested on its laurels of battles won. It has, instead, taken on other assignments in the 1970's that have brought out feelings that are equally as strong as in the past. I speak of the Commission's studies and hearings on busing, abortion, sexual stereotyping, minority employment, affirmative action, racial isolation in housing just to name a few. It is apparent to me that these problems have aroused great concern among citizens throughout the Nation. The Commission still has much to do, since many of these fears grow out of rumors, out of ignorance of the facts, out of incomplete solutions, or out of unfulfilled promises. The Commission has shown the ability to cut through these sources of fear and give us the truth. As I said on the Senate floor, when I introduced this bill and announced these hearings, the Commission has been our official conscience the agency that has pointed out the less seemly aspects of American life and asked us to do our duty to right the wrongs that centuries of violence, injustices, and neglect caused. I hope we will allow it to continue to do so in the future. S. 2300, the Civil Rights Commission Act of 1978, which I introduced along with 14 other Senators on November 4, 1977, is a bill that would extend the Commission for another 5 years, authorize appropriations for that period, expand its authority to include age and handicap discrimination, and conform the Commission charter, Civil Rights Act of 1957, with certain changes in the law. the If there is no objection, I will have the bill inserted in the record at this point. [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. HUMPHREY, 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 |