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Summary
The Civil Rights Act of 1957 was enacted to investigate issues concerning the civil rights of American citizens. Among other provisions, the act provided for creation of a United States Commission on Civil Rights (Commission) as an independent, executive, bipartisan, fact-finding agency. The mission of the Commission was to inform both the President and Congress on implementation of civil rights protections. Currently, the Commission is composed of eight members: four members are appointed by the President and two each by the President pro tempore of the Senate and the Speaker of the House on the recommendations of the Majority and Minority Leaders in each chamber. No more than four members at any one time can be of the same political party. Since 1957, the Commission has been reauthorized a number of times, most recently with passage of the Civil Rights Commission Amendments Act of 1994 (P.L. 103-419), which expired September 30, 1996. However, Congress has appropriated about $9 million each fiscal year since 1995 for the agency. On September 30, 2008, the Consolidated Security, Disaster Assistance and Continuing Appropriations Act, 2009 was enacted into law (P.L. 110-329; H.R. 2638), which provides for the Commission to be funded in FY2009 at the FY2008 enacted funding level of $8.5 million until March 6, 2009. For FY2009, the Bush Administration requested $8.8 million for the U.S. Commission on Civil Rights, which was $300 thousand above the FY2008 funding for the Commission. According to some observers, discrimination has become more subtle since the establishment of the Commission and continues to affect women and certain racial and ethnic minorities, resulting in inequalities that affect income, job status, and educational attainment. These advocates believe that the Commission's mandate allows it to support special legislative measures to overcome these socioeconomic inequalities. Opponents of this view, however, contend that the purpose of civil rights laws is to ensure equality of opportunity, not to guarantee actual socioeconomic equality among racial and ethnic groups and between the sexes. They state that when the Commission seeks "group preferences and benefits," it becomes more of an advocate for special interests rather than an impartial monitor of legal equality. For several decades, tensions have increased among advocates of these fundamentally different approaches to addressing the issue of civil rights. When determining whether or on what occasion it is appropriate to consider race, gender, or other factors in forming policy, the issue of civil rights triggers strong beliefs and emotions, making it extremely difficult to reach a consensus on the Commission. As a consequence, some allege that the process for appointing members to the Commission has become a major tool in controlling debate on civil rights and molding public policy on the issue, leading to partisanship that interferes with the agency's effectiveness. This CRS report will be updated to reflect any legislative activity.
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Related Legislation:
- H.R.2638





